MEW YORK STATE FACTORY INVESTIGATING COMMISSION 



Minimum Wage Legislation 

IRENE OSGOOD ANDREWS, 

Assistant Secretary, American Association for Labor Legislation. 



t Reprinted from Appendix III of the Third Report of the New York State 
Factory Investigating Commission.] 



ALBANY 

J. B. LYON COMPANY, PRINTERS 

1914 



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** 



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* 

A 



NEW YORK STATE 
FACTORY INVESTIGATING COMMISSION 



{Authorized by Chapter 561 of the Laws of 1911, Chapter 21 of the Laws of 

1912, Chapter 137 of the Laws of 1913,. and Chapter 110 of the Laws 

of 1914, to inquire into conditions generally under which 

manufacturing is carried on and into wages paid 

in the different industries of the State.) 



Robert F. Wagneb 

Chairman 
Aleeed E. Smith 

Vice-Chairman 
Chables M. Hamilton 
Edward D. Jackson 
Cybtjs W. Phillips 
Samuel Gompers 
Simon Beentano 
Robert E. Dowling 
Mary E. Dreier 

Commission 



Abeam I. Elk us 
Beenaed L. Shientag 

Counsel 



PREFACE. 



Americans have long been accustomed to the legal protection 
of industrial employees in the matter of hours of labor, safety 
and sanitation in work places, the protection of the wage contract, 



ther s 
tton t 



regulation to cover the rate of wages paid to women and minors 
in private employments did not occur in this country until 1912, 
in Massachusetts. Since that year eight additional states have 
enacted minimum wage laws. The novelty of this kind of legis- 
lation and its widespread popularity have created a persistent 
demand for information on the subject. 

It is the aim of the following report to present in brief and 
convenient form the main facts concerning the enactment and 
operation of minimum wage laws in this country as well as in 
foreign countries where the acts are similar in purpose to our 
American legislation on this subject. 

It is not the aim of this report to discuss the economic aspects 
of the legal minimum wage. But included in one section are a 
few of the more important representative opinions concerning 
the actual operation and effect of minimum wage laws in those 
countries where they have been in operation sufficiently long to 
produce measurable results. 

For the convenience of students of the subject there are also 
reprinted, as an appendix, the minimum wage laws of this coun- 
try, of Victoria and of Great Britain. A select critical bibli- 
ography is added for the purpose of indicating a few of the most 
helpful and most readily available publications on the subject of 
the minimum wage. 

I. O. A. 



CONTENTS. 



MINIMUM WAGE LEGISLATION. 

PAGE 

I. The American Minimum Wage Movement 7 

1. Introduction 7 

2. Early History of the Movement in America 8 

Definition of a Living Wage 9 

Methods of Wage Determinations 1<> 

Persona and Industries Involved 11 

Proposals in Congress 12 

3. Analysis of American Laws 13 

Titles 14 

Appointment — Organization — Appropriations 14 

Jurisdiction 15 

Initial Investigations 16 

Subordinate Wage Boards — Organization 17 

Operation of the Wage Boards 18 

Application of Wage Determinations 19 

Rehearings 19 

Enforcement — Penalties 20 

Court Review 21 

Comparative Table of Minimum Wage Laws 22 

4. Operation of American Laws 29 

Oregon 29 

California 33 

(^Massachusetts 33 

Minnesota 37 

Utah 42 

Washington 46 

Wisconsin 47 

5. Recent Developments in the American Movement 50 

Constitutional Amendments — Inclusion of men — 

Initiated measures 50 

II. Fobeign Legislation and Recommendations 53 

New Zealand 53 

Victoria 54 

Germany 65 

England 66 

International Recommendations 79 

[5] 



6 Contents. 

PAGE 

III. Representative Opinions upon the Operation of Wage Boards.. 82 

Position of the American Federation of Labor 82 

Economic Inequality Between Employer and Employee 83 

A Living Wage and the Parasitic Industries 85 

Relation to Cost of Production 87 

Effect upon efficiency of employer and employee "7 

Employees unable to earn the minimum rate 93 

The Minimum Wage as a Public Policy 04 • 

Constitutional Aspects of Minimum Wage Legislation 99 

Appendix A. Decision of Oregon Supreme Court upholding the Minimum 

Wage Law 1U3 

Appendix B. Minimum Wage Laws 122 

The American Acts 122 

California 122 

Colorado 130 

Massachusetts 134 

Minnesota 139 

Nebraska 145 

Oregon 149 

Utah 158 

Washington 159 

Wisconsin 165 

The British Acts ltiit 

The Trade Boards Act 1 »'»!> 

The Coal Mines Act 182 

The Victorian Special Boards Act 1SS 

Appendix C. ( 1 ) Select Bibliography 217 

(2) Minimum Wage Commissions .' 219 



MINIMUM WAGE LEGISLATION. 



I. THE AMERICAN MINIMUM WAGE MOVEMENT. 
1. IxxnonrcTiox. 

It was nearly a century ago when Mathew Carey, of Phila- 
delphia, the first American investigator of woman's work and 
the consistent champion of the working woman, wrote that the 
wages of women were " barely sufficient to procure them a scant 
supply of the very commonest food and raiment." From that 
time to the present the relatively low wage of women and chil- 
dren has been a subject of constant agitation, 

-Many women enter the industrial field for short periods only, 
mere transients in the business world; comparatively few c 
previous industrial training of any kind ; and the majority look 
to marriage rather than to organization or efficiency as the way 
to a higher standard of living. Organization among working 
women, therefore, has been attended with peculiar difficulties. 
Working women have remained largely unskilled and unorganized 
and thousands of them have been employed at wages insufficient 
to " maintain them in health and to provide reasonable comfort." 

The wages of public employees in many cities and states of 
this country have for several years been regulated by law and a 
legal minimum wage rate has frequently been established. In 
1913, for example, the city of Spokane at a popular election 
established a minimum scale of $3 a day on public work and on 
January 2, 1914, this ordinance was sustained by the Supreme 
Court of the state of Washington. Among the states which have 
provided a wage rate of from $2 to $3 a day in either state or 
city work are California, Indiana, Maryland (for the city of 
Baltimore), Massachusetts, Xebraska and jSTevada. But it has 
been the common belief that the regulation of wages of employees 
in private industries, involving as it does ' a different principle, 
could not legally be undertaken in this country. Such regulation 
[7] 



8 Appendix III — Minimum Wage Legislation. 

in private employments has been practised, however, under the 
legal systems in New Zealand since 1804, in Victoria since 
1896, and in the United Kingdom since 1909, when the British 
Parliament made provision for the creation of minimum wage 
boards, or " trade boards " as they are there called. 

The success of the British system, operating under conditions 
similar to those in our country, acted as a stimulus to the increas- 
ing number of persons interested in the subject' in America ; and 
in 1911 the legislature of Massachusetts authorized the creation 
of the first American Minimum Wage Commission to investigate 
conditions and report upon the advisability of establishing a per- 
manent wage commission. In the same year bills were prepared 
and presented to the legislatures in Minnesota and Wisconsin : 
public hearings were held and great interest was displayed, but 
in both states the bill failed to pass that year. In L912, however, 
the legislature of Massachusetts again pioneered the way and 
passed a bill creating the first permanent Minimum Wage ( !om- 
mission in this country. This was followed in 1913 by minimum 
wage laws in eight additional states: California. Oregon, Wash- 
ington, Colorado, Utah, Nebraska, Minnesota and Wisconsin (1). 

2. Early History of the Movement ix America. 

Before the days of recent popular agitation for minimum wage 
legislation in America there had been sporadic attempts to estab- 
lish minimum standards of hours and wages by law. Nebraska, 
for example, in February, 1909, introduced the following: 

* * * " for the purpose of protecting the American 
standard of living, and insure to all who labor that they shall 
have an opportunity to improve themselves, to educate their 
children, and to lay by a sum for old age, it is hereby pro- 
vided, that the minimum wage in all stores, factories, pack- 
ing houses and all work-shops of whatsoever kind for all 
adult labor, male or female, shall be twenty (20) cents per 
hour where labor is performed by the hour and where labor 

(1) A complete directory of those commissions is printed on page 210 of 
Appendix III. 



History of American Legislation. 9 

is performed by the week the minimum wage shall be nine 
dollars per week and for such wage by the week not 
more than ten hours of labor shall be performed in any one 
day; Provided, That such adult labor, male or female, em- 
ployed by the week, may engage to labor over time for which 
they shall receive not less than twenty-five (25) cents per 
hour."' 

This Nebraska proposal received little serious attention, but 
after the passage of the British Trade Boards Act, and it- suc- 
cessful operation during the years of 1910 and 1911, the demand 
for minimum wage laws became prominent in America and bills 
were drafted in many states. 

Definition of a Living Wage. — In practically all of these early 
bills there was substantial agreement that a ''living • 
should be the standard for the determination of wage-rates. But 
this standard was indefinite and was capable- of a variety of inter- 
pretations. Was it to be interpreted to cover only the cost of 
necessary food, clothing and shelter — the slave-owner's standard 
as it was sometimes called? Or should it include Mrs. Gilman's 
bold request for "two rooms and a bath"? Still another stan- 
dard recommended to the National Conference of Charities and 
Correction, by the Committee on Standards of Living and Labor, 
rested upon the following definition : " The monetary equivalent 
of a living wage varies according to local conditions, but must 
include enough to secure the elements of a normal standard of 
living; to provide for education and recreation; to care for im- 
mature members of the family; to maintain the family during 
periods of sickness; and to permit of reasonable saving for old 
age." 

Few of the minimum wage measures, however, either in state 
legislatures or in Congress, went beyond a definition of a wage 
rate which would enable the workers to sustain themselves in 
health, to maintain the accepted moral standards, and, in a few 
cases, to provide in addition reasonable or necessary comfort and 
well-being. (1) 



( 1 ) For the standards established in the various enacted laws see p. 16. 



10 Appkxdix III — Minimum Wage Legislation. 

From the beginning the majority of the states, except Massa- 
chusetts and Nebraska, in America, as in foreign countries, 
apparently accepted the principle that an industry which cannot 
pay its employees sufficient to maintain them in health and 
reasonable comfort is a parasitic industry which should not be 
tolerated by the community. 

Methods of Wage Determination. — At least four methods 
were proposed for determining the " living wage " : (a) by fixing 
rates in the law itself; (b) by investigations through the commis- 
sioner of labor; (c) by direct investigation of special commis- 
sions; and (d) by investigations through commissions with the 
aid of special wage boards. 

(a) The first method suggested in several states was the estab- 
lishment in the law itself of a fixed rate of wages per day or per 
week for each class of employees — the flat-rate method. These 
arbitrary proposals frequently suggested the fixing of hours of 
work also. 

The only flat-rate bill which became law was the Utah measure, 
applying to females only and providing a minimum of $1.25 a 
day for experienced adults, $.90 for adult learners or apprentices, 
and $.75 for children under eighteen. 

(b) A second method, less commonly advocated, proposed to 
grant to the State Commissioner of Labor power to determine the 
" living wage." In both Oregon and Wisconsin, for example, it 
was first suggested that the Labor Commissioner might be re- 
quired to investigate the wages paid and the cost of living and, 
after public hearings, finally establish the minimum wage rate. 
But no state adopted this second method. 

(c) The plan of the third method was modeled upon the public 
service commission laws and proposed a commission of three 
members who were to investigate and, after public hearing, fix 
wage rates without the aid of subordinate boards for each industry 
or class of industries. This was the plan proposed in the Penn- 
sylvania measure which failed to pass and also in the Colorado 
measure, which was the only one following this plan to become a 
law. 



HlSToltY OF A.MKKH'AN LkoISI.ATIOX . 11 

(d) The fourth method of wage determima/tioai, and that which 
was finally embodied in the laws of all nine states except Colorado 
and Utah, provided for the creation of commissions with sub- 
ordinate wane hoards feo investigate and determine, after public 
hearing - , the minimum wage rate for employees in the different 
occupations. Minnesota and Massachusetts adopted this method 
in their earliest bills, and the Massachusetts law which was 
enacted in 1912, a year earlier than the Minnesota act. became the 
model for most of the others. 

Bills providing for wage commissions were introduced or pre- 
pared for introduction in many of the remaining states of the 
forty- two holding legislative sessions in 1913. 

Persons and Industries Included. — In the discussion of these 
bills the right to legislate on the subject id' wages for women and 
children was generally accepted, but considerable discussion 
arose over the question of including men. .Men were included in 
the act- of Australasia and of Greal Britain, bul supposed consti- 
tutional difficulties deterred many from recommending their 
inclusion in this country. The trade unions also were almost 
unanimous in their opposition to the inclusion of men.fl ) And 
while many of the earlier bills applied to all employees, in no one 
of the enacted laws were adult men included. On this point a 
brief prepared for the law proposed in 1011 in Wisconsin said: 

" The fact that no American state regulates wages in 
private employment is not conclusive against regulating 
them, if new, oppressive, and unwholesome conditions exist 
which cannot be corrected except by minimum living wages. 
And this applies to men as well as women and children, for 
on this line of reasoning, in matters of health, the courts 
have gone even further in restricting the hours of men to 
eight per day than they have in permitting restriction of 
women to ten per day. The principle of classification is, 
therefore, not that of sex, or age, but of bargaining power 
in protecting themselves against conditions which it is the 
interest of the public that they should be protected against." 

( 1 ) For a recent official statement of the attitude of the American Federa- 
tion of Labor on this point, see p. 82. 



12 Appendix III — Minimum Wage Legislation. 

In considering which industries should be included there was 
less difference of opinion. In legislation regulating hours of 
work, special industries had been selected according to the degree 
of physical strain involved, and a few states attempted to follow 
in general these classifications. It was finally recognized, how- 
ever, that a " living wage " should at least cover the cost of living 
in any industry and should not be made to depend upon the kind 
of work a person was engaged in. The laws were therefore made 
to apply to all occupations, except in Colorado, where an 
enumerated list is given. 

Federal Proposals. — Not in state legislatures alone were 
minimum wage bills considered. Several measures were intro- 
duced in Congress applying to employees in the District of 
Columbia, to employees of the Federal government and also to 
those engaged in interstate commerce. One measure, intended to 
regulate wage rates for both male and female employees in the 
District of Columbia (H. R. 1803, introduced April 7, 1913, by 
Representative Lafferty), provided for a commission of three 
members at an annual salary of $3,000 each, with powers similar 
to those of the Massachusetts commission except that the bill did 
not provide for subsidiary wage boards. Another bill (H. R. 
4901, introduced May 8, 1913, by Representative Vare) applied 
to employees of the Federal government and required a minimum 
rate of $2 per day for all adult male employees, and $1.50 for all 
adult female employees. It also sought to prohibit the employ- 
ment of all persons under the age of fourteen years. 

At least two measures have been presented under which wage 
rates would be regulated for employees in interstate commerce. 
One was a flat-rate measure (S. 579, introduced April 9, 1913, 
by Senator Chilton), providing for a wage rate of not less than 
$9 a week for all females employed in interstate commerce, or in 
the production and manufacture of articles for interstate com- 
merce. Hours of work were to be limited to eight a day and six 
days a week and no female under fifteen was to be employed. 
Penalties for violations were provided as well as provision for 
recovery of unpaid wages. 



Analysis of Amebicak Laws. 13 

The second interstate commerce measure provided for a Na- 
tional Wage Commission consisting of one " wage commissioner " 
appointed for four years in each congressional district to whom 
complaints might be made if wages were deemed to be " of a 
nature insufficient, inequitable, or unjust in proportion to the 
work done and services rendered to the employer, or shall be 
insufficient and are not sufficient upon which the said person may 
live and maintain an existence in harmony with the spirit and 
organization of citizenship in America." Penalties were pro- 
vided for violations, but no specific wage standard was given in 
the bill (S. 1925, introduced May 14, 1913, by Senator Lewis). 
Xo minimum wage measure^for workers in private employments 
has at this writing been passed by Congress. 

3. Analysis of American Laws. 

The first minimum wage law for employees in private indus- 
tries in America was enacted in Massachusetts in 1912. This 
law applied to females and minors under eighteen years of age 
and provided for an administrative commission of three mem- 
bers who, with the aid of subordinate wage boards for each 
industry, were to establish minimum wage rates for any industry 
which the commission found to be paying less than a living wage. 

In the following year, 1913, as already indicated, minimum 
wage laws were enacted in eight additional states. Minnesota 
and Wisconsin, where bills had been introduced in 1911, enacted 
laws following the main administrative features of the Massa- 
chusetts act, although the administration of the Wisconsin 
measure was placed with the existing Industrial Commission and 
was made to conform to procedure under the commission law of 
which it was a part. 

In Oregon, where a " social survey " had been made during the 
preceding year, the legislature in 1913 provided the legal 
machinery for the establishment of minimum -wage rates by 
creating the State Industrial Welfare Commission. With very 
slight modifications, and under the same name, California and 
Washington in the same year created similar state bodies. Mean- 
while, following a brief official investigation, the legislature in 



14 Appendix III — Minimum Wage Legislation. 

Nebraska passed a bill similar to the Massachusetts law of 1912, 
and Colorado and Utah, caught up on the wave of popular senti- 
ment, brought the number of states having minimum wage Laws 
to nine before the end of 1913. 

In addition to the minimum wage laws passed in 1913, several 
states created commissions to investigate the subject with a view 
to recommending legislation. In Connecticut the Commissioner 
of Labor was authorized to continue the investigation of woman 
and child labor in that state (begun by the Connecticut Indus- 
trial Commission of 1912) while the Industrial Commission of 
Ohio was required to make a special inquiry into the work of 
women and children in mercantile establishments. In Michigan 
and Indiana commissions were created to study the subject of 
woman's work, and in Xew York the Factory Investigating 
Commission was continued and authorized to investigate wage 
conditions. 

Titles. — In naming their administrative bodies the nine mini- 
mum wage states have chosen three different titles. The three 
Pacific coast states, California, Oregon and Washington, have 
given to their commissions broader powers than that of fixing 
wage rates alone and have therefore selected the title. (i Indus- 
trial Welfare Commission " ; Massachusetts, Minnesota and Ne- 
braska, where power has been given to fix wage rates only, have 
chosen the title, " Minimum Wage Commission " ; while in ( !ol- 
orado the name " State Wage Board " was selected. In the two 
remaining states the minimum wage laws are administered by 
existing bodies: In Wisconsin by the Industrial Commission, 
and in Utah by the Commissioner of Immigration, Labor and 
Statistics who has power to enforce the flat-rate minimum named 
in the statute. (1) 

Appointments, Organization, Appropriations. — The commis- 
sions or boards are composed of three members in all states except 
California and Washington, where five members were appointed, 
and in Xebraska where four were authorized. Members were 
appointed by the governors for terms of two or three years except 

1) See statement of the I omniissionrr. ]>. 42. 






A.naiasis of American Laws. 15 

in Wisconsin, where the term of offiee is six years and the consent 
of the Senate is also necessary. Employers and employees must 
he represented on the commissions in Colorado, Minnesota, ami 
j a, and in all states except Oregon, Washington and Wis- 
consin at least one member must be a woman. The Commissioner 
of Labor was specifically designated as a member in the laws of 
Washington, Nebraska and Minnesota. In no ease is an animal 
salary provided for members, hut necessary expenses are allowed, 
and in California and Massachusetts $10 a day is authorized in 
addition for actual service. Secretaries may be employed, ami 
their salaries are to be determined by the commissions in all 
- excepl in Colorado where the law specifies $1,200 a year 
and in Minnesota where it is fixed at $1,800. The appropriations 
for the first year varied from nothing in Nebraska to $15,000 in 
California. Colorado. Minnesota and Washington appropriated 
$5,000 each; Massachusetts authorized $7,000 for 1913; Oregon 
appropriated $3,500: while Utah and Wisconsin made no specific 
appropriation since the minimum wage work is carried on by 
existing official departments. 

Jurisdiction, — The jurisdiction of the commissions extends to 
all trades or occupations, except in Colorado, where the law 
applies only to mercantile and manufacturing establishments, 
laundries, hotels, restaurants, and telephone and. telegraph offices. 
In Massachusetts, Nebraska and Colorado, the commissions are 
directed to investigate those industries in which they believe that 
wages paid are less than a living wage. Investigations are manda- 
tory in all states except Oregon and Minnesota and they a re- 
mand atory in the latter state upon the request of one hundred 
persons in any occupation where women and children are em- 
ployed. The laws apply to females and to male minors under 
eighteen in all states except Minnesota and Wisconsin where the 
age limit for males is twenty-one. and in Utah where the act 
applies only to females. The commissions have the power to 
determine minimum wage rates in all states ; wage rates and con- 
ditions of work in Washington; and wage rates and conditions 
and hours of work in California and Oregon (and also in Wis- 
consin under a separate law). 



16 Appendix III — -Minimum Wage Legislation. 

Initial Investigation. — The initial investigation rests in all 
cases with the commission itself. Employers are required to keep 
records of the names and addresses of female and minor em- 
ployees, of wages paid and hours of work, and to furnish informa- 
tion required by a commission. The commissions are given power 
to subpoena witnesses, administer oaths and examine books or 
records, and in California and Wisconsin a member may enter 
premises. In most states the Commissioner of Labor is required 
to cooperate in furnishing information. Rules of procedure are 
non-technical and are determined by the commissions themselves. 

In California and Oregon the commissions may make recom- 
mendations for women and minors upon : 

(1) Minimum wage rates; 

(2) The number of hours of work consistent with health and 
welfare (not exceeding the maximum number fixed by statute 
law) ; and 

(3) Standard conditions of work demanded for the protection 
of health and welfare. 

In Washington the commission has authority only over wages 
and conditions of work. In Wisconsin, under separate acts, the 
statute law regulating hours of work for women applies only 
where hours have not been determined by the Industrial Com- 
mission itself after public hearings. (1) In California the com- 
mission is specifically forbidden to act as a board of arbitration 
during a strike or lockout. 

In determining minimum wage rates the definitions as given in 
the laws are: In California " the necessary cost of proper living 
and to maintain the health and welfare"; in Colorado, " to sup- 
ply the necessary cost of living, maintain them in health, and 
supply the necessary comforts of life ", and the commission must 
also consider the " financial condition of the business " ; in Massa- 
chusetts and Nebraska, the " necessary cost of living and to main- 
tain the worker in health ", and also the v " financial condition of 
the occupation "; in Minnesota " to maintain the worker in health 

( 1 ) The Ohio Industrial Commission has similar power over hours of labor 
for men as well as for women and children. 



Analysis of American Laws. IT 

and to supply him with the necessary comforts and conditions of 
reasonable life"; in Oregon and Washington the " necessary cost 
of living and to maintain the workers in health " ; and in Wis- 
consin the term living wage is defined as a wage " sufficient to 
maintain himself or herself under conditions consistent with his 
or her welfare ". and " welfare " is defined to include " reasonable 
comfort, reasonable physical well-being, decency, and moral well- 
being ". 

If a commissi, .n finds after investigation that wages paid are 
not sufficient to maintain the specified standard of living it may 
after a public hearing determine upon a minimum wage rate or 
it may establish a subordinate wage board, or. as it is called in 
Oregon and Washington, a "conference". These subordinate 
boards are mandatory only in Wisconsin, and in Massachusetts 
and Nebraska in so far as wage rates for women are concerned. 
In Colorado alone among the eight states having boards or com- 

ssions, there is no provision for a subordinate wage board, the 
state board itself determining minimum rates. 

Subordinate Wage Hoards. — On the subordinate wage boards 
in all states but Wisconsin, employers and employees must be 
represented by an equal number of members. In California a 
subordinate wage board must be composed of an equal number of 
each of these two groups with a representative of the commis- 
sion; in Massachusetts, of at least six representatives of each, 
with one or more members from the public, but not to exceed one- 
half of the representatives of either of the other parties ; in 
Minnesota there must be from three to ten of each and one or 
' more representatives of the public, but not to exceed the number of 
either group of representatives, and at least one-fifth of the entire 
board membership must be women ; in Nebraska, three representa- 
tives of employers and of employees including the members of 
the commission and three representatives of the public ; in Oregon 
three of each with one or more of the commissioners ; in Wash- 
ington an equal number of each and one or more representatives 
of the public as in Minnesota ; in Wisconsin the advisory wage 
board must be constituted " so as to fairly represent employers, 
employees and the public ". 



IS Appendix III — MiwrspoM Wage Legisiation. 

Tlie method of selecting members of subordinate wage boardB 
is left open in all states except Wisconsin where the representa- 
tives are to be appointed by the Industrial Commission. In all 
other states the commissions merely make rules and regulations 
governing' the selection of representatives, although in Mini 
there is the additional provision that where practicable the repre- 
sentatives of the employers and employees arc to be elected. 
Procedure under the subordinate wage boards is informal and 
usually determined by the commissions. The members arc not 
paid except in California, where they receive $5 a day and 
expenses, and in Massachusetts and Nebraska, where they are 
paid at the same rate as jurors (in Nebraska, " jurors in the dis- 
trict court"), including necessary expenses. 

Operation of Subordinate Wage Boards. — Upon the establish- 
ment of a wage board for any industry the results of the initial 
investigations of the parent commission are first transmitted to 
the subordinate body which may at once conclude as to minimum 
wage rates, or may demand further investigations. Additional 
results are to be again laid before the board for consideration and 
for determination as to what should be the minimum wage rate. 
After agreements have been reached by the subordinate board as 
to wages, hours or conditions of work, a report with recommenda- 
tions must, be made to the commission. The recommendations, 
or a part of them, may be accepted by the commission or they 
may be referred back to the wage board for further investigation, 
or a new wage board may be convened. 

As soon as the report of the wage board has been accepted by 
the commission a public hearing must be held, preceded in Cali- 
fornia and Massachusetts by fourteen days notice, in Oregon by 
four weeks, and in Colorado and Nebraska by thirty days; if 
after public consideration no change is deemed neees-;iry in the 
recommendations they are promulgated as orders which become 
effective after thirty days in Minnesota, Nebraska and Wis- 
consin, and after sixty days in California. Colorado, Oregon and 
Washington. But in California no order may be issued before 
April 1, 1914. In Massachusetts rlie names of employers refus- 
ing to accept the commission's findings may be published imme- 



Analysis of Amkrkax Laws. 19 

diately. The commissions may in nil states, except Wisconsin, 
determine minimum wage nates for miners without the add of 
subordinate wage boards. 

Copies of order- issued by a commission must in all cases be 
forwarded to the employer concerned in the wage determination. 
In most of the states bhe employer is required to post in a con- 
spicuous place where women or minors are employed, copies of 
all orders issued; and in California copies of orders must also 
be filed with the Commissioner of Labor. 

Application of Wage Determinations. — Minimum wage rates 
may apply either to time or to piece work, and in Minnesota 

orders may he issued for a given locality or area. In Wisconsin 
the Industrial Commission has power to classify industries for 
the purpose of adjusting wage rates. 

The commission in each >taie is authorized to make special 
exemptions for defectives — the old, crippled or those otherwise 
physically incapacitated. This power applies only to women, 
however, except in Wisconsin, where minors are also included. 
In California exemption licenses for defectives may he renewed 
every six months. Special licensee may also be issued to learners 
and apprentices in all states except California and Colorado, and 
in Oregon and Washington a time limit may be fixed for the 
licenses of learners and apprentices. 

In Wisconsin any minor in an occupation for which a living 
wage has been established and which is a '"trade industry" in- 
volving mechanical skill and training, must, if he has acquired 
no trade, be indentured in a " trade industry " as determined by 
the Industrial Commission and as provided for in the statutes. 
Any minor in Wisconsin not in a trade industry and who has no 
trade, but is working in an industry for which a wage rate has 
been established, is subject to the same regulations as are minors 
between the ages of fourteen and sixteen under the child labor 
law (an eight hour day, a six clay week, and night work prohibited 
between six at night and seven in the morning). 

Reliearings. — If any person objects to the rulings of the coup 
mission, reliearings may be granted upon the petition of any per- 



20 Appendix III — Minimum Wage Legislation. 

son from either side, except in Colorado, where appeals lie direct 
to the courts. In Minnesota a rehearing is mandatory upon the 
request of one-fourth of the employers or employees in any occu- 
pation in which a wage determination has been made. In Wis- 
consin no special provision has been made for rehearings but 
procedure would be the same as in the case of other rehearings 
under the Industrial Commission. 

Enforcement and Penalties. — The commissions, except in 
Colorado, are specifically authorized to enforce all wage rulings. 
In California and Washington no power is given to enforce rul- 
ings concerning hours and conditions of work, these two subjects 
falling directly within the authority of the State Labor Commis- 
sioner. Penalties are provided in all states for an employer who 
fails to pay the minimum wage or who violates any part of the 
act or any of the commissions' rulings, and also for an employer 
who discriminates against any employee who has testified before 
the commission, or who is about to testify or who the employer 
believes is about, to testify. (1) These penalties, which are given 
in detail in the table on page 21. range from $10 to $100 
for a violation of the act, and from $25 to $1,000 for discrimina- 
tion against any employee testifying before the commission. An 
employee who has not been paid the required minimum wage rate 
and who is entitled to it may recover in a civil action the unpaid 
balance except in Massachusetts and Nebraska, where the enforce- 
ment of the determinations establishing a minimum wage rate 
differs from that in any of the other states, since in these two 
instances alone recommendations cannot be issued as orders. In 
these two states, when a minimum wage rate is agreed upon the 
commission must publish its findings (after thirty days in 
Nebraska) in a given number of papers throughout the state. 
The publication also, in a specified number of newspapers, of the 
names of those employers who refuse to pay the minimum rate 
agreed upon is mandatory in Nebraska but merely optional in 
Massachusetts. No publisher is liable to any action tor damages, 
except in case of wilful misrepresentation. Any publisher in 

I 1) See proposed amendment to this section of the Massachusetts Act, p. 35. 



Analysis of Amekicah Laws. 21 

either state refusing to print the names of such employers is sub- 
fine of $100. 
In these two states, also, an employer may appeal to the court 
to have the commissions' rulings in his particular rase set aside, 
by filing a declaration under oath, in Nebraska that " compliance 
with such decree would endanger the prosperity of the business", 
and in Massachusetts that compliance "would render it impos- 
sible for him to conduct his business at a reasonable profit ". In 
Nebraska court review is authorized under the rules of equity 
procedure and if the court sustains the plaintiff it may issue 
an order revoking the commission's rulings. In ^Massachusetts 
the appeal is authorized in the supreme judicial court or the 
superior court and the burden of proof is placed upon the com- 
plainant. If. in Massachusetts, the court sustains the complain- 
ant it may issue an order restraining the commission from pub- 
lishing the name of the employer paying less than the minimum 
agreed upon, but the court's order cannot apply to any employer 
except the one entering complaint. 

Court Review. — In Minnesota, alone, no special provision for 
court review is made. In all other states except Utah procedure 
and the subjects for review are definitely specified. In Oregon 
and Washington, only questions of law may 'be reviewed (1) ; 
in addition, in California, the rulings of the commission may be 
set aside only if they were secured by fraud or if the commission 
acted without its powers ; in Colorado and Wisconsin rulings may 
be set aside if unreasonable or unlawful ; in Massachusetts if 
compliance would prevent a " reasonable profit ", or in Xebraska 
if compliance would be " likely to endanger the prosperity of the 
business " ; cases may be brought against the commission only in 
a superior court (see table on page 27). In most instances 
the facts found by the commissions are presumed to be reasonable 
and lawful and any new evidence must be referred back to the 
commission for consideration. 

{ 1 ) See court decision in case of Frank C. Stettler v. Edwin V. O'Hara, 
Bertha Moores and Amedee M. Smith, constituting the Industrial Welfare 
Commission of the State of Oregon, p. 103. 



22 Appendix III — Minimum Wage Legislation. 

COMPARATIVE TABLE OF AMERICAN MINIMUM 
WAGE LAWS. 



Main Provisions of Minimum Wage Laws in the United 

States. 



substantive f atures. 



State. 


Industries Cov 




Employees Covered. 


California: 

C. 324, Laws 1913. 

In effect, August 10, 1913. 


All. 


Women, and minors under 
18. 


C. 110, Laws 1913. 

In effect, August 12, 1913. 


Mercantile, manufactur- 
ing, laundry, hotel, 
restaurant, telephone 
or telegraph. 


Same as California. 


Massachusetts: 
C. 706, Laws 1912. 
In effect, July 1, 1913. 
Am'd Cs. 330, 673, L. 1913. 
In effect, March 21, July 1, 1913. 


All. 


Same as California. 


Minnesota: 

C. 547, Laws 1913. 

In effect, June 26, 1913. 


All. 


Women, and minors under 
21. 


C. "2 11, Laws 1913. 

In effect, July 17, 1913. 


All. 


Same as California. 


Oregon: 

C. 62, Laws 1913. 

In effect, June 2, 1913. 


All. 


Same as California. 


Utah: 

C. 63, Laws 1913. 

In effect, May 13, 1913. 


All. 


"Females''. 


\V vshington: 

C. 174, Laws 1913. 

In effect, June 13, 1913. 


All. 


Same as California. 


Wisconsin: 

C. 712, Laws 1913. 

In effect, August 1, 1913. 


All. 






Women and minors. 



Analysis oe American Laws* 2-j 

Main Provisions of Minimum Wage Laws in the United 
States — (Continued). 

SUBSTANTIVE FEATURES — Continued. 



"Necessary cost of proper Special license, wo- 
living and to maintain men only, renew- 

the health and welfare". able semi-annual- 



" Necessary cost of living, 
maintain them in health, 
and supply the necessary 
comfort s of life" and 
"financial condition of 
the business". 



- 



■•NY, 



essary 



of living Same as Colorado 



worker in health" and 
"financial condition oi 
the occupation". 



Special rate! 
learners £ 
prentices. 



Special license, wo- 
men only, limited 
to ID per cent of 
employees in any 
establishment. 



"Wages sufficient to main- 
tain the worker in health 
and supply him with the 
necessary comforts and 

conditions of reasonable 
life". 



Same as Massachusetts. Same as Colorado 



Necessary cost of living Same as Colorado, 
and to maintain the 
workers in health". 



Same as Ma-sachu- 



Same as Ma.ssachu- 



Females under L8, 75 
cents a day; adult 
learners and ap- 
prentices, 90 cents 
a day, fixed by act. 



Same as Oregon. 



Same as Colorado. ! Special lie 



"A wage sufficient to main- j Special license, ' 
tain himself or herself men and min< 

tent with his or her wel- 
fare". 



industry" must be 
indentured. 



Appendix III — Minimum Wage Legislation. 



Main Provisions of Minimum Wage Laws in the United 
States — (Continued ). 



SUBSTANTIVE FEATURES — (Concluded.) 



State. 


Penalty: 

1. For Violation. 

2. For Discrimination. 1 


Appropriation. 


California. 


1. Minimum, $50, imprisonment for 30 
days, or both; (and employee may sue 
for wage balance). Applies to wage 
rulings only. 

2. A misdemeanor. 


815,000 annually. 


Colorado. 


1. Maximum, $100, imprisonment for 3 
months, or both; (and employee may 
sue for wage balance). 

2. For each offense, $25. 


$5,000 annually 


Massachusetts. 


1. Commission may publish name in news- 
paoers ($100 for newspapers refusing to 
publish). 

2. For each offense, $200-$l,000. 


$7,000 for 19 i 3. 


Minnesota. 


1, 2. For each offense, $10-$50, or imprison- 
ment for 10 to 60 days; (and employee 
may sue for wage balance). 


$5,000 annually. 


Nebraska. 


1. Commission must publish names in news- 
papers ($100 for newspapers refusing to 
publish). 

2. For each offense, $25. 




Oregon. 


1. $25-$100, imprisonment 10 days to 3 
months, or both; (and employee may 
sue for wage balance). 

2. $25-$100. 


$3,500 annually. 


Utah. 


1 . A misdemeanor. 


No special provision. 


Washington. 


1. $25-$100; (and employee may sue for 
wage balance). 

2. For each offense, $25-8100. 


$5,000 annually. 


Wisconsin. 


1. For each offense, $10-8100. 

2. For each offense, 825. 


Genera] for Industrial 
Commission. 



J The penalty for discrimination is for the employer who "discharges or in an> 
criminates against any employee because such employee has testified, or is about to testify 
or because the employer believes that the employee may testify, in any investigation or pro- 
ceeding" relative to the enforcement of the act. 



Analysis of American Laws. 



25 



Main Peovisions of Minimum Wage Laws in the United 
States— (Continued). 



ADMINISTRATION — CHIEF ADMINISTRATIVE BODY. 


State. 


Name. 


Personnel. 




California. 


Industrial Welfare Commis- 


5 persons, 1 a woman. 

(.May engage secretary and nc 


cessary 


Colorado. 


State Wage Board. 


3 persons: 1 labor representative. 1 

employer, 1 woman. 
(May engage secret ray >. 


Massachusetts. 


Minimum Wage Commission. 


:> persons, 1 a woman. 
( May engage secretary . 


MlNVt-ol V. 


Minimum Wage Commission. 


:i persons: commissioner of 1 
employer of women, 1 worn 
rotary. 


ibor, 1 
m sec- 


Nebraska. 


Minimum Wage Commission. 


4 persons: governor, deputy c 

sinner of labor, professor of 

of Mate (1 a woman). 




Oregon. 


Industrial Welfare Commis- 


3 persons: 1 representative of 
ing class, 1 of employed cla 
public. 

(May engage secretary). 


mploy- 

3, 1 Of 


Utah. 


Commissioner of Immigration, 
Labor and Statistics. 




Washington. 


Industrial Welfare Commis- 


5 persons: commissioner of labor, 4 

disinterested citizens. 
(May engage secretary). 


Wisconsin. 


Industrial Commission. 


3 persons. 

1 May engage assistants). 



26 Appendix III — .Minimum Wage Legislation. 

Main Provisions of Minimum Wage Laws in the United 
States — (L'oniinut d ). 

ADMINISTRATION — CHIEF ADMINISTRATIVE BODY— {Continued). 



State. 


Appointment and 
Compensation. 


Investigation. 


1. Original Inquiry. 

2. Rehearings. 


Powers. 


California. 


By governor, for 4 
$10 a day and ex- 


1. By commission, or 
upon petition. 

2. By commission, or 
upon petition of em- 
ployers or employees. 


Subpoena witnesses, 
administer oaths, 
examine books, en- 
ter premises. 


Colorado. 


By governor, for 2 

Expenses up to $1,300 

annually; secretary, 
SI, 200 annually. 


1. By commission. 

2. None provided. 


Subpoena witnesses, 
administer oaths, 
examine books. 


Massachusetts. 


By governor, for 3 
$10 a day and ex- 


1. Same as Colorado. 

2. Upon petition of em- 
ployers or employees. 


Same as Colorado. 


Minnesota. 


Same as Colorado. 

Expenses; secretary, 
$1,800 annually. 


1. Bv commission, or at 
request of 100 em- 
ployees. 

request of one-fourth 
of the employers or 
employees in an occu- 
pation. 


Same as Colorado. 


Nebraska. 


Same as Colorado. 
Expenses. 


1. Same as Colorado. 

2. Same as Massachu- 


Same as Colorado. 


Oregon. 


Same as Massachusetts. 

Expenses. 


1. Same as Colorado. Same as Colorado. 

2. None provided. 


Utah. 


' "sent of senate, for 2 

years. 

$1,800 and $500 ex- 
penses, annually. 






Washington. 


Same as California. 
Expenses. 


1. Same as Colorado. Same as Colorado. 

2 Same as Massachusetts. 


Wisconsin. 


Bv governor, with eon- 
'sent of senate, for 6 

$5,000 annually, and 


1. By commission, or 
upon complaint. 

2. No special provisions. 


Same as Californi a. 



Analysis of American Laws. 






Main Provisions of Minimum Wage Laws in the United 
States — (( 'onUwued I. 



ADMINISTRATION —CHIEF ADMIXISTUA TlYi: IIODY - 



State. 


Authority-; 

1 . To Determine. 

2. l. Enforce. 


Review: 

1 . Court. 

2. Gri i 

Kn.iNo. 


California. 


1. Minimum wage?, maxi- 
mum hours, ami conditions 
of labor. '-' 

2. Wage rulings. upoD com- 
plaint. 


1. Superior court, on questions of law 

2. It procured by fraud or if the com- 
mission acted outside its powers. 


Colorado. 


1. Minimum wages. 


1. District court on questions of law 
only. 

2. If unlawful or unreasonable. 


Massachusetts. 


1. Same as Colorado. 

2. Its ridings 'see "Penalty"). 


1. Supreme judicial court, or superior 

2. If compliance would prevent a "rea- 
sonable profit". 


Ifunnsor i - 


1 olorado. 
2. The act. 


None pr n 


Nebraska. 


2. Same as Massachusetts. 


1. District court. 

2. If compliance "is likely to endanger 
the prosperity of the htisini •>.-". 


Oregon. 


1. Same as California. 

2. All rulings. 


1 . Circuit court , on quest i" 
only. 


Utah. 


1. None. 

2. Same as Minnesota. 


None. 


Washington. 


1. Minimum wages and con- 
ditions of labor. 

2. Same as California. 


1. Superior court, on questions of law 
only. 



hours (C. 381, L. 



) act as a board of 



28 



Appendix III — Minimum Wage Legislation. 



Main Pkovisions of Minimum Wage Laws in the United 

States — (Concluded). 

administration — subordinate body. 3 



State. 


*-. 


Personnel. 


Appointment and 
Compensation. 


California . 


Wage board. 


Equal number representatives 
of employers and em- 
ployees, and a representa- 
tive of the commission. 


By commission's rules 
(optional). 

$5 a day and expenses. 


Colorado. 


None. 






Massachusetts . 


Wage board. 


At least 6 representatives of 
employers, 6 of employees, 
and one or more represen- 
tatives of public. 


By commission's rules 
(only in case of women, 
then mandatory). 

Same rate as jurors. 


Minnesota. 


Advisory 


3-10 representatives of em- 
ployers, equal number of 
employees, and 1 or more 
representatives of public; 
at least one-fifth women. 


By commission's rules 
election when practica- 
ble; (optional). 

None. 


Nebraska. 


Wage board. 


At least 3 representatives of 
employers, 3 of employees, 
and the 3 appointed mem- 
bers of the commission. 


By commission (only in 
case of women, then 

mandatory) 

Same as jurors in district 


Oregon. 


Conference. 


Not more than 3 representa- 
tives of employers, 3 of em- 
ployees, 3 of public and 1 
or more commissioners. 


By commission (only in 
case of women, then 
optional). 


Utah. 


None. 






Washington. 


Conference. 


Equal number of representa- 
tives of employers and em- 
ployees, and 1 or more 
representatives of public. 


By commission's rules 
(only in case of women, 
then optional). 


Wisconsin. 


Advisory 
wage board. 


"So as fairly to represent em- 
I 'lovers, employees and the 


By commission (manda- 
tory). 



the American Association for Labor L 



Opebatioe of American Laws. 20 

4. Operation of Amerk a.\ Laws. 

Although the majority of the minimum wage laws were in 
by the summer of 1913, but little progress was made that 
year in any state except Oregon, where minimum wage rates for 
certain classes of industry were established as reprinted below. 
In Colorado and Nebraska, as late as February, 1914, the com- 
as had not yet been appointed. In all other states, how- 
ever, developments are so rapidly taking place thai at this time 
it is safe only to make a preliminary statement concerning 
methods and results. 

Commissions in America began work along two different lines. 
In one case the English and colonial method was followed, 
whereby wage boards were created for each particular industry. 
In the other case, one entire class of industries, as manufacturing 
or mercantile establishments, was taken up as a whole. This 
latter method was the one followed in Oregon, Washington and 
Minnesota, while the former method was followed in Massachu- 
setts and California. In Wisconsin the Industrial Commission 
was given power to classify occupations and to appoint advisory 
boards for each class when deemed necessary by the commission. 

Oregon. 

The Oregon Industrial Welfare Commission began its work 
on June 3, 1913. It was the first of the state commissions to 
organize. Previous to the enactment of the minimum wage law 
an intensive investigation had been made into conditions of work 
and wages of women and minors in Oregon. The commission 
was prepared almost immediately, therefore, for wage conferences 
in mercantile and manufacturing industries, and on August 5 
issued the following first American minimum wage order to take 
effect October I, 1913 : 

Order No. 1. 

1. No girl under the age of eighteen years shall be em- 
ployed in any manufacturing or mercantile establishment, 
millinery, dressmaking or hair dressing shop, laundry, hotel 
or restaurant, telephone or telegraph establishment or office 



30 Appendix III — Minimum Wage Legislation. 

in the State of Oregon more than eight hours and twenty 
minutes during any one day or more than fifty (50) hours 
in any one week. 

■2. Xo girl under the age of eighteen shall be employed 
in any one of the above named occupations after the hour of 
six o'clock p. m. 

3. A minimum wage of one dollar ($1 ) a day shall be 
established for girls between the ages of sixteen (l'i) and 
eighteen (18) years, working in the above mentioned occu- 
pations except as otherwise arranged by the Commission in 
the cases of apprentices and learners. 

On September 10 the Commission made the following second 
order in regard to women in manufacturing establishments, to 
take effect November 10, 1913 : 

Order No. 2. 

No person, firm, corporation or association owning or 
operating any manufacturing establishment in the city of 
Portland, Oregon, shall employ any women in said establish- 
ment for more than nine hours a day, or fifty-four hours a 
week; or fix, allow or permit for any woman employee in 
said establishment a noon lunch period of less than forty-five 
minutes in length; or employ any experienced, adult, woman 
worker, paid by time rates of payment, in said establishment 
at a weekly wage of less than $8.64, any lesser amount being 
hereby declared inadequate to supply the necessary cosl of 
living to such women factory workers, and to maintain them 
in health. 

The third order, issued September 23, applies to women in 

mercantile establishments, and became effective November -2-)\ 
1913: 

Ordrr No. S. 

No person, firm or corporation owning or conducting any 
mercantile establishment, in the city of Portland, Oregon, 
shall pay to any experienced, adult woman worker a wage 



Operation of American Laws. 31 

less than nine dollars and twenty-five cents ($9.25) a week. 
Nor shall any such person, firm, or corporation owning or 
conducting any mercantile establishment in the city of Port- 
land, Oregon, employ any woman worker in such mercantile 
establishment more than eight (.$) hours and twenty (20) 
minutes in any day, and fifty (50) hours in any week, or 
after the hour of six ( 6 | o'clock in the afternoon of any day. 

It was later found necessary to amend Order No. 3 by extend- 
ing the closing hour from 6 p. m. to S p. m. for six months after 
November 23, but rive of the larger department stores complied 
with the six o'clock closing rule after January 1, 1914. In view 
of the fact that these orders established a working day of eight 
hours and twenty minutes for minors in manufacturing establish- 
ments while permitting a nine hour day for ;i« 1 u h females, the 
Commission issued the toll. ,\ving notice: 

Portland, Oregon, September 17, 1913. 

Notice is hereby given that in establishments where minors 
are working together with adults, and the enforcement of 
an eight hour and twenty minute maximum day for female 
minors would cause them t.. be dismissed, this Commission 
will receive application from the establishment for permit 
allowing female minors to work the same hours as the adults 
in the establishment in which minors are employed. Such 
application should show that such hours are not excessive in 
view of the work required. 

Industrial Welfare Commission. 

The form of permit issued by the Commission is as follows: 

Portland, Oregon , 19 . . . 

The Industrial Welfare Commission of the State of Oregon 

hereby permits the employment of female minors at 

, located at , Oregon, for more than 

I Name of Establishment) 
eight hours and twenty minutes a day, but not to exceed nine 
hours a day. . 

This permit may be cancelled at any time by the Commission 
should it be shown that nine hours of employment a day is detri- 
mental to the health of such female minor employees in view of 
the character of the work they are called upon to perform. 

, Secretary. 



32 Appendix Til — Minimum Wage Legislation. 

In the meantime wage conferences had been held and infor- 
mation had been secured on the subjects of the six-day week, 
night work, and the length of time a woman worker may be 
deemed to be inexperienced — the period of apprenticeship or of 
learning before she is entitled to receive the minimum wage. 
@n December 3d and 9th, respectively, 1913, the following orders 
were issued : 

Order Xo. 4- 

(1) No person, firm, corporation or association shall 
employ any experienced, adult woman in any office, or at 
office work, in the city of Portland for more than fifty-one 
hours in any week, nor at a wage rate of less than forty dol- 
lars ($40.00) a month. 

(2) The following classes of work are included under 
this ruling as office work : 

Stenographers, bookkeepers, typists, billing clerks, filing- 
clerks, cashiers (moving picture theatres, restaurants, amuse- 
ment parks, ice cream stands, etc.), checkers, invoicers, 
comptometer operators, auditors, and all kinds of clerical 
work. 

Said Order shall become effective from and after Feb- 
ruary 2, 1914. 

Order Xo. 5. 

(1) No person, firm or corporation shall employ any 
experienced, adult woman in any industry in the State of 
Oregon, paid by time rate of payment, at a weekly wage rate 
of less than eight dollars and twenty-five cents ($8.25) ;i 
week, any lesser amount being hereby declared inadequate 
to supply the necessary cost of living to such women workers 
and to maintain them in health. 

(2) Nor shall any such person, firm or corporation em- 
ploy women in any industry in the State of Oregon for more 
than fifty-four ( T>4 ) hours a week. 

(3) Nor shall any such person, firm or corporation pay 
inexperienced, adult women workers employed by time rale 



Operation of American Laws. 33 

of payment, at a rate of wages Less than -i\ d< liars ($6.00) 
a week. And the maximum Length of time sueh workers 
may be considered inexperienced in any industry shall not 
exceed one year. 

(4) Xo person, firm or corporation owning or conduct- 
ing any mercantile, manufacturing or laundry establishment 
in the State of Oregon shall employ women workers in such 
establishment later than the hour of eight-thirty (8:30) 
o'clock p. m. of any day. This hour of dismissal does not 
apply to telephone and telegraph companies, confectionery 
establishments, restaurants and hotels. 

Said Order shall become effective from and after Feb- 
ruary T, 1014. 

The Oregon law was the first to be carried into the courts and 
the favorable decision of the Supreme Court will be found on 
p. 103. 

( California. 

The California law fixed April 1, L914, as the firsl date upon 
which determinations might become effective, but investigations 
were undertaken earlier by industries as in Massachusetts, and 
preliminary conferences were held in order to interest and inform 
the employers. In California the Commission has authority to 
fix maximum hours, minimum wages and conditions of work. 
The industries rirst selected for standardizing were laundries, 
retail stores, confectionery manufacture, and the canneries. 

Massachusetts. 

In January, 1912, the Massachusetts Commission, authorized 
the previous year to study the wages of women and minors and 
to advise as to the need of' minimum wage legislation, made a 
report on investigations of conditions in the confectionery in- 
dustry, retail stores and laundries. When the permanent wage 
commission began its work on July 1, 1913, it undertook investi- 
gations into the small brush-making industry, and into the larger 
corset and confectionerv industries. 



34 Appendix III — Minimum Wage Legislation. 

The brush-making' investigation was the first to be completed 
and a wage board was formed. In arranging for this first wage 
board the Commission said: " It was the policy of the Commis- 
sion to appoint the members of the wage board in such a way that 
it might be as widely representative as possible. To this end, 
every manufacturer in the state was asked to make nominations. 
Nominations were also called for from the workers and efforts 
were made to secure representatives from the different groups 
and nationalities among them. The invitations to make nomina- 
tions were responded to in two cases by the manufacturers, in 
each of which appointments followed, and in three cases by the 
workers, as a result of which two appointments were made. 
Although the manufacturers failed to make a sufficient number 
of nominations to constitute their representation, they were 
nevertheless (with a single exception) ready to accept appoint- 
ment. The workers were likewise willing to serve, but some of 
them labored under a serious handicap in their apprehension that 
their activities upon the board might affect the tenure of their 
positions. The Commission is glad to say that in the main this 
apprehension proved without foundation. Aside from the protec- 
tion afforded by the statute itself, the co-operation on the part of 
employers which has been mentioned in connection with the 
gathering of information was conspicuous here also. That there 
should have been one apparent exception is not surprising, though 
regrettable. That there should have been only one, is a tribute 
to the good sense and public spirit of the employers in this 
industry and is matter for congratulation. In the one instance, 
however, two workers who were appointed to the wage board were 
' laid off ' immediately after their appointment. This apparent 
defiance of the letter and spirit of the statute is now receiving 
the attention of the Commission." 

An attempt to prevent such occurrences was made through a 
proposed amendment to the present law. This amendment 
(H. 74, 1914) placed a penalty upon employers who discriminate 
against any employee who serves upon a wage board, and also 
gave the Commission final power in selecting members of wage 
boards. The amendment to section four provided that: 



Opekation of American Laws. 35 

" The Commission shall have absolute and final power in 
determining- who shall be members of any wage board, and 
may fill any vacancy in the membership of any wage board 
at any time occurring. In selecting the members to repre- 
sent the female employees in any occupation, the Commis- 
sion shall, so far as it deems practicable, ascertain what per 1 
sons are desired by said female employees as the representa- 
tives of said female employees on said board ; and similarly 
in its selection of members to represent the employers it 
shall, so far as it deems practicable, ascertain what persons 
are desired by said employers as their representatives". 

The amendment to section thirteen provided a penalty of $200 
to $1,000 for an employer who discharged or discriminated 
against any employee who has served 

" or is about to serve upon a wage board, or has given or is 
about to give information concerning the conditions of such 
employee's employment, or because the employer believes 
the employee may testify, or may serve upon a wage board, 
or may give information concerning conditions of the 
employee's employment ". 

In describing the activities of the commission, the first 
annual report states that 

" During the six months of the commission's activity, 
from July 1, 1913, to January 1, 1914, investigations have 
been made into the wages of women employees in three 
industries, the brush industry, the corset industry, and the 
confectionery industry, (1) and have been begun in other 
industries. The industries were chosen on account of the 
large proportion of women workers among the employees 
and the low level of wages indicated by such available 
material as the reports of the Bureau of Statistics, especially 
Manufactures 1911, and various other special reports. In 

( 1 ) The analysis of the data concerning the confectionery industry has not 
yet been compiled, consequently the results are not available for the present 
report. 



Appendix HI — Minimum Wage Legislation. 

the case of brushes and corsets, a study was made of every 
establishment within the State which employs women, in so 
far as the names and locations of such establishments could 
be ascertained. 

" The Commission has held it of first importance to inform 
itself to the fullest possible extent regarding the elements 
of the labor contract ; the wages paid and the corresponding 
occupations and hours. A transcript of the pay roll for the 
past fifty-two weeks was taken by agents of the commission 
for all female employees. Where the earnings are deter- 
mined by piece rates, a schedule of such rates for the various 
occupations in each establishment was secured. Books were 
defective or in such condition that only partial records were 
obtainable in a small number of cases, but on the whole the 
pay rolls appeared to be accurately kept. In all, wage 
records for the fifty-two weeks preceding- the investigations 
were taken for 0,020 women employees, 837 of these for 
brush workers, 2,388 for women employed in the corset 
factories and 3,701 for women at work on candy. For a 
large number of these, personal data regarding age, birth- 
place, family and living conditions was also obtained. In 
addition, a careful study was made of each process in which 
women are engaged, whether performed by hand or machine. 

"According to analysis of the results of the separate indus- 
tries, a considerable number of women workers are receiving 
a wage which is inadequate to supply them with the neces- 
saries of life. Almost exactly two-thirds of the brush 
workers for whom wage records were available received an 
average for the year of less than $6 a week. A smaller pro- 
portion of corset workers, 35.5 per cent., received less than 
$6 a week. The sum named is lower than the minimum 
amounts usually named as necessary to maintain a normal, 
healthy existence for women workers. 

" In connection with these statements, however, the failure 
of many employers to keep records of the number of hours 
worked must be taken into consideration. In both the brush 
and corset industries, records of hours worked were avail- 
able for only a small proportion of the employees, and in 



Operation of Ami- khan Laws. 37 

many cases for only a few weeks immediately preceding the 
investigation. The statement is made by certain manufac- 
turers that not only do a large number of the employees 
work for only pari time, but also that failure to work for 
full time is due, no! to lack of work in the factory, but to 
choice on the parr of the worker-. Consequently the amount 
received at the end of the week is frequently smaller than 
the sum which the workers raighl have earned had they been 
employed for full time. The work of the commission has 
keen handicapped to some extent by this defect in the 
records, since the average earnings and the length of the 
average week could he related in so small a proportion of 
cases. Fortunately such difficulties will he lessened after 
the present year, owing to the passage "I' the law requiring 
employers of labor in manufacturing and mercantile estab- 
lishments to keep time hooks showing the number id' hours 
worked by all employee- each day.( 1 ) 

"With very few exception-, the manufacturers have 
shown the fullest co-operation and have facilitated in every 
way the work of the commission and its agents. The com- 
mission wishes to make acknowledgement of the many cour- 
tesies which have been extended by manufacturers and their 
representatives. 

"If has been the endeavor of the commission to carry on 
its study with the least possible disturbance to the indus- 
tries, consistent with its purpose to inform itself thoroughly 
as to the facts of the wage situation." 

Minnesota. 

In Minnesota the commission began its work by investigating 
mercantile and manufacturing establishments, following the 
method adopted in Oregon. The preliminary investigation into 
mercantile establishments was completed in January, 1914, and 
a wage board was formed, consisting of twenty-five members — 
ten employers from the larger department stores of Minneapolis 
and St. Paul, ten representatives of employees and five repre- 

(1) C. 619, Acts of 1913. 



38 Appendix III — Minimum Wage Legislation. 

sentatives of the public. Early in January on a Sunday after- 
noon a large mass meeting of employees, followed by a luncheon, 
was held in the state capitol at St. Paul to interest and instruct 
the workers in regard to the operation of the law. 

By the first of March the board had held four meetings and 
had appointed four committees, one to determine the, cost of board 
and lodging; one to determine the cost of clothing; one to deter- 
mine the period of apprenticeship; and one to determine what 
should be included under miscellaneous expenses. 

The investigation into manufacturing industries was next 
undertaken by the commission, and a wage board brought 
together. The commission, for the most part, secured its infor- 
mation concerning wages received and the cost of living by cir- 
culating among employees blanks which were returned to the 
commission when filled out. Information concerning wages paid 
was secured from employers who furnished copies of their 
pay-rolls. ( 1 ) 

Upon the formation of the first wage board (for mercantile 
industries) the board requested from the attorney-general his 
opinion on the following list of questions : 

Whereas, It is not entirely clear what powers and duties 
the commission or ourselves as an advisory board have, 
or by what methods we shall proceed, in the matter of fixing 
a living wage, and it is advisable in order that time may be 
saved and we may do our work speedily and to the best 
advantage that we be advised upon those matters at once ; 

Now, therefore, be it resolved that we request the com- 
mission to submit the following questions to the attorney- 
general for his answer in writing so that we may have them 
before us for our guidance in our work. 

1. Must not the commission fix a minimum wage in the 
" occupation " for the entire state at one time ? It is 
claimed by some that the action of the commission must be 
with reference to and for the entire state, though in fixing 

(1) In an eighty-four page pamphlet, issued February 2, 1014, Rome G. 
Brown, of Minneapolis, attacked the practicability and constitutionality of 
the Minnesota law. 



Operation or American Laws. 39 

the actual minimum it may vary the minimum in different 
parts of the state; but though the miuimum may differ in 

various parts of the state they must all be fixed at the same 
time and as part of the same investigation and proceeding. 
Answer — No. 

In other words, can the commission investigate the mini- 
mum wage in any "' occupation " and act upon it within a 
district less in extent than the entire stated Answer — Yes. 

2. Section 5 provides that the commission shall establish 
a minimum rate of wages for an " occupation " after care- 
ful investigation, the commission is of opinion the wages 
paid to one-sixth or more of the women or minors employed 
therein are less than living wages. Can the commission fix 
a minimum wage unless upon such investigation they find 
that at least one-sixth of the women or minors employed in 
the " occupation " within the state are receiving less than 
living wages I Answer — No. 

Must they find that one-sixth or more of the women are 
receiving less than living wages before they can fix mini- 
mum wages for women, and that one-sixth or more of the 
minors employed in the " occupation " throughout the state 
are receiving less than living wages before they can fix the 
minimum wage for minors ? Answer — No. 

Or, can they consider women and minors as belonging to 
the same class and fix minimum wages for each if they find 
one-sixth of the aggregate number of women and minors are 
receiving less than living wages ? Answer ■ — Yes. 

Must the commission fix a minimum for both women and 
minors in the " commission ", if they fix a minimum, for 
either ? Can the minimum fixed for women differ in 
amount from that fixed for minors in the same " occupa- 
tion " and, if so, on what basis must the difference be fixed? 
Answer — l r es. Respective cost of living of the two. 

Can the commission fix a different minimum for male and 
female minors in the same " occupation " ? Answer — ~No. 



40 Appendix Til — Minimum Wage Legislation. 

3. What is an apprentice or learner? (This question is 
answered by paragraph 6 of section 20 of the act itself.) By 
what rule shall the commission determine what is an appren- 
tice, and what is a learner? (See above answer.) 

Must the minimum for apprentices be the same as for 
ordinary workers? Answer — Yes. (See paragraph 7, 
section 20 of the law. ) If not, on what basis must the com- 
mission fix the minimum for apprentices, if the cost of living- 
is to determine the wage ? 

4. Must the commission make the minimum apply to all 
classes without regard to the necessity of the class or of the 
individual in the class ? Answer — - That depends upon 
facts and applies to all as defined in paragraph 8, section 20 
of the law. By what rule, if any. is the commission to deter- 
mine what is necessary to maintain the worker in health, 
and what are the necessary comforts and conditions of rea- 
sonable life? Answer — This is by ascertaining the mini- 
mum cost of living. 

Can the minimum wage be varied or fixed, having in mind 
the ability of the employer to pay the wage, and having in 
mind the necessity of the employee to contribute to the sup- 
port of a family or others dependent? Answer — The 
attorney-general concluded the commission had nothing to 
do with this matter. 

Must not the wage be fixed solely with reference to the 
actual needs of the employee of ordinary ability for a decent 
livelihood for the employee alone, without allowing anything 
to enable the employee to contribute to the support of a 
dependent, and without allowing anything for education or 
amusement or for clothing or housing beyond that which will 
afford a minimum of comfort and amusement. ( See Bub- 
division 1, paragraph 1, section 20, of the law.) 

Can the commission in fixing a minimum wage allow any- 
thing off or in reduction because of the advantages, educa- 
tional or otherwise, which the employee gets from the par- 
ticular employment? Answer— Probably not. 



Operation of American Laws. 11 

5. In case the commission should promulgate a wage 
rate which was unsatisfactory to some employer or em- 
ployers, could the employer so objecting be compelled to 
comply 1 Answer — Yes. I think that the mere fact that 
the rate was no1 satisfactory to some employer would not 
excuse him from coin] living. 

Would a rate fixed by the commission in the manner pro 
vided by the Minnesota Minimum Wage Statute lie enforc- 
ible '. Answer — Yes. 

May we not expect that the court would hold il nnenforc- 
ible? Answer— No. The right to rule upon this is left 
for the courts. 

[In regard to the first two questions asked: " -Must not 
the commission fix a minimum wage in the 'occupation' 
for the entire state at one time? In other words, can the 
commission investigate the minimum wage in any ' occupa- 
tion' and act upon it within a districl less in extent than 
the entire state" — these questions were taken up in confer- 
ence by the attorney-general and the six assistants, and il was 
the unanimous opinion of the department dial the acts of the 
commission must lie state wide and it musl be all done at 
one time.] 

ADDITIONAL QUESTIONS. 

1. The first point is — can a minimum wage per week 
be divided into half time, time by the day, or time by the 
hour ? Answer — I think " yes." 

2. Can an employer offset against a minimum wage the 
value of instruction given to an apprentice or learner? 
Answer — ISTo. 

3. When a business is so conducted that the branches of 
an ordinary trade are exercised within the business plant, 
does the minimum wage in that business control all em- 
ployees, or does the minimum wage apply in the occupations 
which are grouped together in such business ? Answer — To 
the group. 



42 Appendix III — Minimum Wage Legislation. 

Utah. 

The Utah law, the only flat-rate measure enacted, provides for 
the payment of a minimum of seventy-five cents a day for females 
under eighteen, ninety cents for adult learners and apprentices, 
and one dollar and twenty-five cents a day for female adults. The 
law became effective May 13, 1013, and the following statement, 
under date of January 20, 1014, from the Commissioner of Im- 
migration, Labor and Statistics, who enforces the act, is of par- 
ticular interest : 

" Our office has investigated some two hundred or more 
cases of alleged violations of the minimum wage law since 
May 13, 1013, which have had any merit and a number that 
had not. We knew that it was the prime object of the law 
makers to secure for the girls and women affected an increase 
of wages and in enforcing the law we have always endeavored 
to look after the interests of the employees first. For this 
reason, where we find violations, we first give the employers 
an opportunity to make good to their employees any shortage 
of wages between what they had been paying and what they 
were legally required to pay. In some cases, we have secured 
to a single employee as high as $57 in back wages. The 
employers preferred to pay this money rather than stand 
trial with the liability of paying a heavy fine and costs of 
prosecution, besides the ignominy of being cheap men. In 
.the above manner, we have collected over $6,000 in back pay 
to employees and up to the present time we have had to 
bring four prosecutions, three of which we have won and one 
is still pending." 

Writing late in 1013, the same commissioner said: 

" The minimum wage law for females went into effect in 
Utah on May 13th of the present year. About a month prior 
to the law's becoming effective, copies were sent to every 
known employer of female labor within the state with a 
notification that on and after the date of its effectiveness, 
the law would be strictly enforced. 



Operation of American Laws. 43 

"Approximately, there are 11,500 female workers em- 
ployed in professional and business oftiees, stores, factories, 
mills and laundries in our state, not including canning estab- 
lishments, where the periods of operation are from one to 
four months only. About 7,000 of these workers are em- 
ployed in Salt Lake City. About G per cent, of the female 
employees, prior to the operation of this law, were under 
eighteen years of age. Approximately 10 per cent, of the 
total number of women workers came under that classifica- 
tion of our law classed as adult learners and apprentices 
with less than one year's experience in the line of work 
which they are at present engaged in. 

" The principal businesses affected by the law arc the mer- 
cantile, candy, knitting, paper box and overall factories, the 
woolen mills, laundries, millineries, hotels and telephone 
companies. 

" Of the employees under eighteen years of age, consti- 
tuting about 6 per cent of the 11,500, a majority were 
employed as cash girls and wrappers in the department 
stores and received about $1 per week, a few less. The 
minimum wage raised the wages of this class to $4.50 per 
week. A number of the department stores supplanted cash 
girls with cash boys whom they pay $4 a week or $18 per 
month. Many millinery stores that were paying girl appren- 
tices from $2.50 to $5 per week also weeded out those who 
were the least proficient. In the knitting, candy, paper box 
and overall factories, and woolen mills where the piece sys- 
tem is in vogue, a few girls were discharged who could not 
reach the minimum wage in their respective classes named 
in our law. This number, however, was not over 3 per cent, 
of the whole number employed therein. 

" In the inexperienced adult class, those women over 
eighteen years of age with less than one year's experience 
as sales ladies or as apprentices in millinery stores and fac- 
tories, were affected to a considerable extent. The law 
requires that this class shall be paid not less than ninety 
cents per day. Many within this classification were drawing 



Appendix III — Minimum Wage Legislation. 

about the same wage as was paid inexperienced girls who 
were under eighteen years of age. In some cases, the older 
girls in the ninety cents per day class were no better sales 
ladies than their younger sisters. Of this class, constituting 
10 per cent, of the female employees in our state, as stated 
above, the wages of about 3 per cent, were raised to meet 
the minimum wage. 

"While the law did not become effective until May L3th, 
many of the employers who pay monthly or semi-monthly, 
voluntarily caused the law to become effective on May 1st. 
In a number of businesses, the employees who were not con- 
sidered as possessing the necessary efficiency were notified 
that it was up to them to ' make good ' in order to retain 
their employment and the probationary period was fixed at 
from two to four weeks. 

"As a whole, it seems to be the concensus of opinion of 
employers that the law has increased efficiency to an appre- 
ciable extent. Perhaps not more than 5 per cent, of the 
whole number of female employees were discharged because 
of this law going into effect and many of those who lost their 
employment found employment in other like establishments 
or in other lines. 

"About the time the law became effective, our department 
was called upon by a number of business concerns to deter- 
mine what generally would be considered a year's experience 
as expressed in our law. They were informed that any girl 
or woman who had worked in any kind of store as a sales 
girl or sales woman for the period of one year or more, or 
who had worked as an apprentice in a millinery establish- 
ment or as a laundry girl, telephone girl or in a factory or 
mill for a like period, would be considered as ' experienced ' 
in their respective avocations. 

" Some of the department stores claim that they experi- 
enced considerable difficulty with employees coming to them 
from small country stores and the five and ten cent city 
stores. This class of employees are eighteen years old and 
over and have had a year's or more experience. Employers 



Operation of American Laws. 45 

are required re pay this class of girls or women not less than 
the minimum wage of $1.25 per day and have found that 
others of their older employees who are working- as minors 
and ' inexperienced ' are more efficient. This fact is soon 
manifested in a way that touches their pocket hooks, for the 
reason that the smaller paid help are soon at the elbows of 
their employers asking for an increase of wages with the 
plea that they are better or fully as efficient as the higher 
paid employees with ;i country or -mall store experience. 

" The law has had a tendency to drive out the little errand 
girl in some establishments who was drawing from $2.50 to 
$3.50 per week and whose tenure of employment was oft- 
times a semi-charitable one. 

"Compared with many other western states of equal and 
some of greater population, the wage scales of this state for 
both male ami female labor are quite high and our newly 
inaugurated minimum wage law was instrumental in increas- 
ing the wages of bul a small per cent, (possibly ten) of our 
working girls and young women. In our laundries, girls 
were generally paid from $6 to $7 per week and now they 
are paid $7.50 per week. In the department stores, the 
wage was from $4 to $25 and in the millinery establishments 
from $2.50 to $25 per week. Apprentices in the millinery 
establishments must now he paid $4.50 per week or else be 
permitted to work under instruction for absolutely no wage, 
in which condition the relationship of employer and em- 
ployee is not established. 

" Thirty dollars a month or one dollar per day was the 
general wage of chamber maids in many European hotels 
and rooming houses. Now it must be $1.25 per day for six 
days a week where neither board nor lodging is furnished. 

"As a whole, I think the law a fairly good one and have 
yet to learn where it is causing any considerable amount o£ 
oppression or injustice to anyone. Some small establish- 
ments, like country printing offices, that employed female 
apprentices at a wage of from $3 to $4 per week for the first 
year, claim that they cannot afford to pay $7.50 per week 
for such help during the second year. 



46 Appendix III — Minimum Wage Legislation. 

" In no establishment of the state, coming under our 
notice, that employs any considerable number of females, 
has the pay roll been increased over 5 per cent. I believe 
that the average is between two and three per cent. 

" The law has the tendency to equalize the wages of the, 
inexperienced and the near experienced. I believe that it 
increases efficiency and what is of equal and greater import- 
ance will having a growing tendency to secure to competent 
women a living wage." 

Washington. 

In the fall of 1913 the Washington commission began a series 
of informal conferences with employers and employees and issued 
a series of " questionaires " to secure information concerning the 
cost of living and the rate of wages paid in the state. 

Considerable difference of opinion has existed in Washington 
over the application of the law with reference to apprentices. 
The law provides that : 

" For any occupation in which a minimum rate has been 
established, the commission through its secretary may issue 
to * * * an apprentice in such class of employment or 
occupation as usually requires to be learned by apprentices, 
a special license authorizing the employment of such licenses 
for a wage less than the legal minimum wage." 

On this point the former secretary of the commission said: 

" Two points of difference have arisen over the interpre- 
tation of this clause: (1) Whether the issuance of appren- 
ticeship permits be obligatory or optional with the commis- 
sion ; (2) whether or not a period of apprenticeship does in 
fact exist in mercantile establishments and laundries. :: ' * • 

" Out of 2,688 employees reporting their length of service 
to the commission, 51.6 per cent, had been employed at the 
place where they were then working for less than one year. 
For laundries the percentage rose to 54.8 and for mercantile 
establishments to 53.9. 



Operation of American Laws. 17 

" Many of these employees, however, were receiving high 
wages and presumably had worked elsewhere. Let us there- 
fore take only those employees receiving less than $9 per 
week — those for whose benefit, quite evidently, the law was 
enacted. Of the 1,519 employees receiving less than $9 per 
week who made report, one-third (32.3 per cent.) had 
worked for less than three months, one-half (51.2 per cent.) 
for less than six months, and more than two-thirds (68.7 
per cent.) for less than one year. These percentages are 
lower than would be the case for mercantile establishments 
and laundries alone. It must also be considered that only 
women who were at work at the time of investigation are 
included. Could the many others who had worked for a few 
weeks or months and dropped out within the preceding year 
be included, the percentages would be materially raised. 

" Employers themselves admit this rapid flux in their 

labor force. On page 81 of the minutes of hearings by the 

Industrial Welfare Commission will be found the statement 

of a laundryman that ' 60 to 90 days eliminates a crew 

completely.' " 

Early in April the conference on mercantile establishments, 

created in March, recommended to the commission a minimum 

wage of $10 a week for all females over 18 years of age. A public 

hearing was held on April 13 and this wage rate was adopted by 

the commission. The much discussed question of rules for ap 

prentices was left to the discretion of the commission itself. 

Wisconsin. 

In Wisconsin a thorough-going investigation was made into the 
cost of living for women and minors. Proprietors of lodging 
and boarding houses were visited in order to discover prices and 
the quality of the board and lodging furnished; estimates were 
also secured on the cost of clothing, laundry service, doctors' bills, 
amusements and other items of expense ; and individual schedules 
for more than 12,000 working girls were secured. Informal con- 
ferences were also held with the manufacturers. At these confer- 
ences the need of uniformity in legislation not only between 
states but also between nations was urged. 



48 Appendix III — Minimum Wage Legislation. 

Selection of Representatives of Employers and Employees. — 
It is the theory of both the English and American acts that, in 
order to secure fair consideration for both points of view, and the 
greatest degree of democracy in the operation of these measures, 
representatives of employers and employees should be elected by 
their respective groups. In the case of employers this was not 
found impossible in England after the act had become well under- 
stood. In the case of the employees, however, experience is quite 
different. The act was intended to apply to that group which is 
least capable of taking care of itself. This in itself implies the 
unorganized. To hastily bring together an unacquainted and 
untried group and to trust to them the selection of representatives 
for wage boards was to endanger the effectiveness of the admin- 
istrative machinery. Qualities necessary for successful bargain- 
ing are absence of fear either of employers' blacklisting or of 
employees' taunts in case of compromise. Experience in debate 
and a knowledge of the industry under consideration and of legal 
rights are also important qualifications. 

Reporting upon British experience, to the International Asso- 
ciation for Labor Legislation in September, 1912, Constance 
Smith said : 

" The chain-making board is the only board which has, 
so far, been constituted by direct election of representatives 
by employers and workers in meeting assembled. In the 
other three cases the procedure was by Board of Trade 
nomination from lists sent up by the two parties." 

In the United States, in bringing together representatives of 
employees, conditions in the different states have called for 
varying methods of selection. One state reports : 

" We have had great difficulty in selecting employees to 
represent the working girls. The only board appointed so 
far — the mercantile advisory board — has four dry goods 
clerks serving on it. The other six representatives of the 
employees are club women. I felt compelled to appoint these 
women because the employees are in no position to safe- 
guard their own rights and we do not want to run any chance 



Operation of American Laws. 49 

of a girl losing her position. I have decided that it is prac- 
tically impossible to put working girls on the board, unless 
they have gotten out of the industrial world. We selected 
both the representatives of the employers and the employees 
because we found that neither class wished to select their 
own representatives." 

Another state with longer experience in selecting representa- 
tives reports : 

" Our method was purely by acquaintance. In some 
instances we had a difficult time to secure girls who were 
intelligent, independent of speech, sufficiently experienced 
and securely enough placed in their positions not to fear 
dismissal. Our law does not require the representatives of 
the employee to be at present employed so that in two 
instances I secured young women who had recently been 
married. In the conference on mercantile store work we 
were fortunate enough to have one employer who approves 
entirely of the commission and whose employee representing 
the employees could speak fearlessly. Even with all this 
care we found the girls somewhat timid when in conference. 
As you probably know our law provides for a fine in case of 
dismissal of an employee for testifying. While we realize 
that this might be a check on the employer, we know also 
that he could advance many excuses for having dismissed a 
girl other than that she had testified against him. Then, too, 
we did not feel that if a woman had had experience, for 
example, in factory work, but was at the time engaged in 
laundry work, that she was not eligible to the factory confer- 
ence for this reason ; one of our factory representatives had 
had nearly two years' experience in a factory but was at 
present engaged in a laundry. Perhaps our freedom in 
selecting representatives of the employees helped us out 
somewhat. * * * At best it is difficult to get satisfactory 
representatives." (See also Massachusetts, p. 34.) 



50 Appendix III — Minimum Wage Legislation. 

5. Recent Developments. 

A constitutional amendment specifically permitting the enact- 
ment of laws regulating hours and wages was adopted by the 
people of Ohio at the constitutional convention in 1912. A 
similar form of amendment was passed Ivy the legislature of 
California in 1913 to be voted upon by the people in 1914. 

The Ohio amendment provides that : 

" Laws may be passed fixing and regulating the hours of 
labor, establishing a minimum wage and providing for the 
health, safety and general welfare of all employees, and no 
provision of the constitution shall impair or limit this 
power." 

Under the authority of this provision the Ohio Minimum Wage 
League framed the following proposed law : 

" To provide for a Minimum of Compensation for Labor, 
Work or Services." 

Be it enacted by the People of the State of Ohio: Sec- 
tion 1. The Governor of the State of Ohio shall, on the first 
day of January, the first day of April, the first day of July, 
and the first day of October, in each year, compile, or cause 
to be compiled, an estimate of the cost of living per day, per 
family of two adults and four minor children, in the cities 
of the State of Ohio, fewest in number, containing a major- 
ity of the people of the State. Said cost of living shall 
include rent of a six-room sanitary house with small garden ; 
plain food, consisting of meats, vegetables, cereals, and 
pastries; clothing; insurance against sickness of the family; 
a sum sufficient to provide for the old age of the parents, 
and a sum sufficient to provide against the ordinary hazard 
of non-employment of the father. 

Section 2. Within thirty days thereafter the Governor 
shall publish said estimate once each week for three succes- 
sive weeks in three newspapers of general circulation in 
Franklin county, and upon the final publication of same said 
estimate of the cost of living shall constitute and be the 



Recent Developments. .51 

minimum wage or rate per day of eight hours at which con- 
tracts or agreements may be made for the performance of or 

payment for the labor, work or services of any person of the 
age of eighteen years during the time that said estimate is 
in effect. 

Section 3. The minimum wage or rate at which contracts 
or agreements may be made for the performance of or pay- 
ment for the labor, work or services of persons under the 
age of eighteen years shall be three-fourths of said estimate 
of the cost of living. 

Section 4. In any action brought upon any contract 
for labor, work or services, the amount recoverable shall 
not be less than the minimum wage, any contract, agree- 
ment, stipulation, settlement, or compromise to the contrary 
notwithstanding. 

The proposed California amendment provides that: 

" The legislature may, by appropriate legislation, provide 
for the establishment of a minimum wage for women and 
minors and may provide for the comfort, health, safety and 
general welfare of any and all employees. Xo provision of 
this constitution shall be construed as a limitation upon the 
authority of the legislature to confer upon any commission 
now or hereafter created, such power and authority as the 
legislature may deem requisite to carry out the provisions 
of this section." 

The Socialist party of California drafted the following 
measure which provides for a flat-rate minimum for all workers: 

Minimum Wage Act 

To be Circulated With Initiative Petitions by the Socialist 
Party of California in 1914. 

The following preamble accompanies the bill on the 
petitions : 

Whereas: Repeated investigation into the cause of crime 
among men and prostitution among women has demonstrated 



52 . Appendix III — Minimum Wage Legislation. 

that one of the principal causes for both is the employment 
of working people at less than a decent living wage, and 

Whereas: The mass emigration of large numbers of 
working people from Europe through the Panama Canal, 
who are accustomed to a lower standard of living, will 
greatly endanger our present standard of living. 

Therefore, It becomes necessary to set by law an amount 
below which the competition of these immigrants shall not 
lower our standard of living in the interest of public safety. 

An Act to amend the Penal Code by adding a new section 
thereto to be numbered 313%, providing a minimum wage 
and conditions of employment for employees and providing 
a penalty for violation of this act. 

The People of California do enact as follows: 

No employer shall employ, or require or permit any super- 
intendent, foreman, or other agent to employ, any person for 
less than subsistence. 

For the purposes of this act the following is determined a 
subsistence wage: For all persons between the ages of 
eighteen and sixty years, not less than two dollars and fifty 
cents per diem. 

For all minor children under eighteen years of age. not 
less than one dollar and fifty cents per diem. 

The employer may pay part of the wages in board and 
lodging, but must contract for both or none thereof, and no 
more than seventy cents per diem shall be deducted therefor. 

Any person, copartnership, or corporation violating any 
of the provisions of this act is guilty of a misdemeanor, and 
shall be punished by a fine of not less than fifty dollars, nor 
more than five hundred dollars, or imprisonment in the 
county jail for not less than one, nor more than six months, 
or both such fine and imprisonment. 



Foreign Legislation — New Zealand. "> ;1 > 



II. FOREIGN LEGISLATION AND RECOMMENDA- 
TIONS. 

Xew Zealand. 

In Australasia, the original home of minimum wage legisla- 
tion, there exist two different types of laws. One type, initiated 
in Xew Zealand in 1894 and later followed by Xew South Wales, 
Western Australia and by the Australian Commonwealth where 
disturbances extend beyond state lines, is aimed primarily at the 
settlement of trade disputes — strikes, lockouts, or any question 
involving hours of labor, rate-; of wages or conditions of work. 
The other type, initiated in Victoria, in IS!)!'., and later followed 
by South Australia. Queensland and Tasmania, is aimed at the 
evils of tlie sweating system — underpaid labor, exhausting 
hours of toil and unhealthful conditions of work.(l) 

In attempting to utilize Australasian experience for our 
American situation it must be remembered that New Zealand is 
a country about the combined size of New York, Pennsylvania 
and Massachusetts, with a population of a little over a million; 
Victoria is less than the combined area of Xew York and Penn- 
sylvania, with a population of about one million and one-third. 
Xew Zealand's three or four large cities range from fifty to one 
hundred thousand, while Victoria has only one industrial city 
with a half-million population. 

The beginning of minimum wage legislation occurred in Xew 
Zealand in the year 1894, when Parliament passed the Industrial 
Conciliation and Arbitration Act which became effective one year 
later. Since this class of legislation bears but little resemblance 
to the minimum wage measures under consideration in America, 
being aimed primarily at the settlement of trade disputes, only a 
brief statement of the main features is necessary. This law 

( 1 ) In most of the Australasian states a flat-rate minimum wage is estab- 
lished by law. This rate is usually very low and is intended to protect prin- 
cipally children, learners and apprentices. 



54 Appendix III — Minimum Wage Legislation. 

operates through a permanent industrial commissioner who is 
provided for each industrial district and to whom requests may 
be sent for intervention in any dispute ; two or three representa- 
tives of the employers and of the employees are appointed from 
lists sent in by each group ; and these representatives, together 
with the commissioner, who presides and directs but has 
no vote, form a Council of Conciliation. If this council 
fails to bring the two contending parties to an agreement 
the case goes to the Arbitration Court where the decision is final. 
This court is composed of one Supreme court judge holding office 
for life and two members nominated by employees and employ- 
ers (1). The general principle of this measure, up to the point of 
the establishment of the Arbitration Court, has been followed in 
the Canadian Industrial Disputes Act of 1907; but in Canada, the 
board of investigation and conciliation, when no agreement is 
reached, may only publish its findings. 

Victoria. 

Based upon a point of view quite unlike that underlying the 
New Zealand legislation, the Victorian Wage Boards Law, enacted 
in 1896, was aimed directly at the evils of sweating, particularly 
among home workers. This law makes no attempt to interfere 
in case of trade disputes and is in general principle similar to 
our American acts. No permanent body is provided as in 
America but wage boards for any trade may be called into exist- 
ence at any time by a resolution adopted by both houses of parlia- 
ment. Employers and employees must then send in their nomina- 
tions to the Minister of Labor who makes a selection of from 
four to ten members for the special board, which elects its own 
chairman and secretary. If agreements are reached the findings 
are laid before the Minister of Labor who, if he approves them, 
causes them to be gazetted and they become law not sooner than 
thirty days thereafter. If employers and employees cannot come 
to an agreement, the chairman may cast a deciding vote. If the 
Minister of Labor considers the determinations unfair or unwise 

( 1 ) For a statement as to the rulings of the judges, see Judicial Interpre- 
tations of the Minimum Wage in Australia, by Prof. M. B. Hammond, the 
American Economic Review, June, 1913. 



Foreign Legislation — Victoria. 55 

he may suspend the order for six months and then send it back 
to the board for reconsideration. If no change is authorized, the 
suspension is revoked. In ease the Minister of Labor, or a 
majority of either party concerned, is not satisfied with the deter- 
minations, or if 25 per cent, of the employees of the trade, or an 
employer or group of employers of 25 per cent, of the employees 
concerned, are dissatisfied, they may apply for a Court of Indus- 
trial Appeals, which is composed of one of the judges of the 
Supreme Court, who has the final decision in the case. From 
September, 1!»1<>. to December, 1912, only ten cases had been 
appealed to this court. 

In all instances the special boards may summon witnesses, 
examine records, books or pay-rolls, and may conduct special 
investigations. In an earlier form of the law the basis of deter- 
mining wage rates was specified as the standard of the <k reputable 
employer " in the trade under consideration. This was later 
stricken out, and the basis now often used is " the normal needs 
of the average employee regarded as a human being living in a 
civilized community." The determinations of the boards are 
enforced by the Minister of Labor and the Factory Inspection 
Department Of the first thirty-eight boards established eleven 
were appointed upon applications of the employers. In Decem- 
ber, 1913, there were 134 wage boards in existence. 

Sir Alexander Peacock, author of the Victorian system, recently 
wrote : " * * * it was alleged, first, that all work would 
be driven out of the country, secondly, that only the best workers 
would be employed, and thirdly, that it would be impossible to 
enforce such provisions at all. It is now somewhat amusing, 
although it was serious enough for the government of the day, to 
read the debates on the Factories and Workshops Act, 1896. 
However, the government managed to carry the bill and the wage 
board system was inaugurated."(l) 

Dr. Victor S. Clark, formerly of the United States Bureau of 
Labor, who has made exhaustive and extended investigations of 
Australasian labor conditions, wrote in 1909 (in the Annals of 

( 1 ) Quoted in the Annals of the American Academy of Political and Social 
Science, Vol. 48, p. 28, 1913, 



56 Appendix Til — Minimum Wage Legislation. 

the American Academy of Political and Social Science, Vol. 33, 
p. 221) "* * * the courts and boards offer what is probably 
the best machinery yet devised to protect women and children 
workers from industrial oppression. The board determinations, 
varying with each industry and accommodating themselves to its 
peculiar local conditions, are much more effective than the hard 
and fast provisions of a general statute. They become, for the 
purposes of enforcement, a part of the factory law of the state, 
applying to the industry in question by consent of its own repre- 
sentatives. * * * the general effect of the law has been to 
increase and equalize the pay of those classes of labor least aide 
to obtain fair conditions of employment through their unassisted 
efforts, and this function of the law appears to be assuming 
increasing importance in the public mind." 

The most recent and thoroughgoing study of the results attained 
under the Victorian minimum wage legislation was made by 
Prof. M. B. Hammond, of the Ohio State University. Prof. 
Hammond spent the winter of 1911-1912 in Australia and Xcw 
Zealand, and reports as follows : 

" In conclusion I wish to sum up as briefly as possible the 
results which it seems to me have been attained in Victoria 
and, so far as their experience extends, in the other Aus- 
tralian states, under the wages boards' system. Perhaps I 
may be allowed to say that I have reached these conclusions 
after a thorough study of the reports and records of the 
departments concerned in the administration of the acts ; 
after attendance, on many board meetings; and after inter- 
viewing many people, government officials, chairmen of 
wages boards, employers, trade union officials, social re- 
formers and politicians who have had much to do with wage 
board legislation and administration. 

" 1. We may say without hesitation, T think, that sweat- 
ing no longer exists, unless perhaps in isolated instances, in 
Melbourne or in other industrial centers of Victoria. This 
is the opinion expressed to me not only by the officials in 
the factory inspector's office, including the women inspectors, 
but also by Mr. Samuel Manger, the secretary of the Anti- 



Foreign Legislation — Victoria. 57 

Swearing League, who is constantly on the alert to deter t 
any evidence of sweating- and to ask for the appointment of 
a hoard in any trade in which it is thought to exist. In the 
board meetings the efforts of the labor representatives are 
nowadays seldom directed towards securing subsistence 
wages but they aim rather to secure a standard rate of pay 
based on the needs of the average worker, and as much above 
this as is possible. 

" 2. Industries have not been paralyzed nor driven from 
the state as was freely predicted by extreme opponents of the 
wages boards' plan. There is one instance of a plant having 
left Victoria on this account A brush manufacturer from 
England, who had recently come to Victoria to establish his 
business was so enraged at the idea that the wages he was 
to pay were to be regulated by law that he moved across Bass 
Strait to Tasmania. That is the only instance of the kind 
to be found in the records. On the other hand there has been 
a steady growth of manufactures. Tn 180(5, when the fac- 
tories act, containing the wages board provisions, was passed, 
there were in Victoria 3,370 factories; in 11)10 there were 
5,362. In 1896, the number of workers in factories was 
40,814; in 1910 it was 83,053. This, I think, indicates as 
great a growth in manufacturing industry as most countries 
are able to show. 

" 3. In spite of the fact that the law 7 in Victoria does 
not forbid strikes, as is the case under compulsory arbitra- 
tion, it would be hard to find a community in which strikes 
are so infrequent as they are in Victoria. There are, I 
think, not more than half a dozen cases in which a strike has 
occurred in a trade where the wages and hours were fixed by 
a wages board. The only serious strike of this sort was in a 
trade where the court of industrial appeals had lowered the 
wages fixed by the wages board after these wages had been 
paid for some weeks. I may add at this point the statement 
that there are very few cases of appeals from a wages board 
determination in Victoria, though there seem to be more in 
South Australia. 



58 Appendix III — Minimum Wage Legislation. 

" 4. In spite of the fact that the meetings of the boards 
are at times the scenes of outbreaks of passion, and angry 
and insulting words pass back and forth across the table, 
there can be little doubt but that the representatives of both 
parties go away from these meetings with an understanding 
of the problems and difficulties which the other side has to 
meet, which is usually lacking in trades where collective 
bargaining is not resorted to. This was repeatedly brought 
to my attention both in and out of board meetings by men 
who had taken part in these discussions. It probably goes 
far towards explaining the infrequency of strikes and 
lock-outs. 

" 5. That the minimum wage fixed by the board tends 
to become the maximum in that trade is often asserted, but 
it would not be easy to prove. Employers have frequently 
said to me that they believed there was a tendency in that 
direction, but they have seldom been able to furnish evi- 1 
dence to that effect from their own establishments. At 
times I have found on inquiry that not a single man in their 
own plants was receiving the minimum wage. The em- 
ployers' opinions seemed to be more the result of a priori 
reasoning than the results of actual experience. Nor, on 
reflection, it is easy to see why the minimum should become 
the maximum. The determinations do not compel an em- 
ployer to hire or to retain in employment any worker. He 
is free to dismiss any man whom he believes incapable of 
earning the minimum wage, or he can send the employee to 
the chief factory inspector for a permit to work at less than 
the minimum fixed by the board. There seems to be no 
reason why under this system there should not lie the same 
competition among employers as under the old system t<> 
secure the most efficient and highly skilled workmen and 
there is no reason why such men should not get wages based 
on their superior efficiency. Victorian statistics on this 
point are lacking, but in New Zealand where minimum wages 
are fixed by the arbitration court, statistics as to* wages, 
tabulated in 1909 by the Labor Department, showed that in 



Foreign Legislation — Victoria. 59 

the four leading industrial centers of the Dominion the per- 
cent-age of workers in trades where a legal minimum wage 
was fixed who received more than the minimum varied from 
51 per cent, in Dunedin to 01 per cent, in Auckland. There 
is no reason to think that a dissimilar situation would he 
revealed by a statistical investigation in Victoria. 

" G. Although the legal minimum wage does unquestion- 
ably force out of employment sooner than would otherwise 
be the ease a certain number of old, infirm and naturally 
Blow workers, it is easy to exaggerate the working of the 
minimum wage in this respect. The opinions of employers 
differ in regard to this point Workers who feel that they 
can not earn the minimum wage may apply to the chief 
factory inspector for a permit to work at a less rate than the 
minimum and tin- officials who have charge of this matter 
feel pretty certain that in this way practically all cases 
really needing relief are cared for. The percentage of men 
with permits is, however, not high, ami possibly there are 
Borne who are forced out of work who do not apply for a 
permit. 

"7. There is also much difference of opinion as to 
whether or not the increased wages have been to any con- 
siderable extent counterbalanced by an increase of prices 
due to the increased wages. The probability is that in some 
occupations higher wages have in this way been passed on 
to the consumers, the laboring classes included. This would 
be especially true of industries purely local where there was 
little opportunity to use machinery. 

" In Melbourne, following close upon a wage board deter- 
mination which raised the wages of waiters and cooks in 
hotels and restaurants, the cheap restaurants which had been 
furnishing meals at 6d. (1*2 cents) by a concerted movement 
doubled their prices. While the increase of wages in this 
case was doubtless in part responsible for this increase of 
prices, in the main the wage increase was the occasion rather 
than the cause of the increase in prices, which was bound to 
come sooner or later because of the increase in cost of food 
supplies. 



60 Appendix III — Minimum Wage Legislation. 

" The New Zealand commission on the cost of living, 
which has recently published its report, carefully considered 
this question as to the effect of labor legislation on the cost 
of living and concluded that in the case of staple products 
whose prices were fixed in the world's markets, the local 
legislation could have had no effect on prices. In other 
trades, the increased labor costs had served to stimulate the 
introduction of machinery and labor saving devices; in still 
other trades it had apparently not increased efficiency and 
accordingly labor costs had increased. This seems to have 
been the case in coal mining. Generally speaking, the evi- 
dence in most trades was not sufficiently definite to show 
whether or not there has been an increase or a decrease in 
efficiency due to labor legislation. This is about what we 
must conclude as a result of the conflicting testimony on 
this point in Australia as well as in New Zealand. I found 
that most employers with whom I talked were certain that 
laborers were less efficient than in former years. Generally 
they could not explain very satisfactorily how this was due 
to legislation, and their arguments usually reduced them- 
selves to the assertion that the trade unions were preaching 
and their members were practicing the doctrine of k go 
easy ' and were in this way restricting the output. Trade 
union officials, on the other hand, were just as emphatic in 
their declaration that such a matter had never been dis- 
cussed in their meetings. I do not believe that in this 
respect conditions in Australia differ from what they are in 
America and I find that the same assertions are made here 
by employers as to the effect of trade unions and that these 
statements are as vigorously denied by the union officials. 
Only to the extent, therefore, that compulsory arbitration 
and wage boards tend to develop and strengthen unionism, 
which they undoubtedly do, can we find that the legal mini- 
mum wage exerts any appreciable effect on the decline of 
efficiency and the restriction of output. This must remain 
therefore a mooted point. 



Foreign Legislation — Victoria, 61 

" 8. Finally, whatever may be the difference of opinion 
between employers and employees as to the effect of the legal 
minimum wage in Victoria in producing certain results and 
whatever criticisms they may make of the administration of 
the factories act, both sides are now practically unanimous 
in saying that they have no desire to return to the old sys- 
tem of unrestricted competition in the purchase of labor. I 
did not find an employer who expressed a desire to see the 
wages boards abolished. Generally speaking, employers are 
just now holding tightly to this plan, partly no doubt as a 
means of saving themselves from an extension of the opera- 
tions of the commonwealth arbitration act. In the main, 
however, they have been convinced that the minimum wage 
has not been detrimental to their businesses, and that it has 
forced their rivals to adopt the same scale of wages as they 
are themselves obliged to pay. I have mentioned the fact 
that the Victorian Chamber of Manufactures led the attack 
on the wage board sy-aom when the government was provid- 
ing for its extension in 1900. Last April ( 11)12) the presi- 
dent and secretary of that organization, and the president 
and secretary of the Victorian Employers' Association, told 
me that in spite of the defective administration of the wages 
boards act, their members had no longer any desire to have 
the -ysteni abolished. The trade union secretaries also com- 
plain of the administration of the act ; particularly that the 
chief factory inspector does not take a more drastic attitude 
in regard to the prosecution of the violators of the act whom 
they have reported. This fact that both sides complain of 
the administration of the act is a pretty fair indication that 
the administrative officials are doing their work in a con- 
scientious manner without prejudice or favor. The trade 
unionists generally admit that labor has been greatly bene- 
fited by the wages boards' legislation and they do not desire 
a repeal of these laws, but many of them in Victoria are 
inclined to think that compulsory arbitration would give 
them even more. The wages boards deal only with wages, 
hours, payment for overtime and the number and proportion 
of apprentices. The arbitration courts, on the other hand, 



62 Appendix III — Minimum Wage Legislation. 

may and sometimes do give preference to unionists and arc- 
often called upon to decide many minor matters which can 
not be considered by wages boards. Furthermore, wages 
boards established by any one state are bound to consider 
interstate competition when they fix wages. The common- 
wealth arbitration court, on the other hand, can regulate 
wages throughout Australia in the industrial field within 
which it operates. Hostility to the minimum wage in 
Australia may therefore be said to have practically died out 
and the question most discussed to-day is whether this mini- 
mum wage shall be secured by means of wages boards or 
through the machinery of a federal arbitration court/' 

The following list of questions concerning the operation of the 
minimum wage law in Victoria was sent by the Xew York Fac- 
tory Investigating Commission to the office of the Chief Factory 
Inspector at Melbourne: 

" First. Does the minimum wage become the maximum ? 

Second. How far are the unfit displaced by such 
legislation ? 

Third. Do such laws tend to drive industry from the 
state ? 

Fourth. Do they result in decreasing efficiency 2 " 

In response the following statement was received : 

First Question. 

" It is frequently asserted in this State that the minimum 
becomes the maximum, but our official figures show that 
this is not the case. I am sending by separate packet a book 
containing all the existing factory laws of Victoria, and a 
copy of my latest annual report. If you will kindly refer 
to Appendix B you will see what the average wage in the 
trade is. A further reference to Appendix D will give you 
the wages in any particular trade. I regret that I have not 
figures which will precisely answer your question, but. a 
careful comparison will show that the average wage in a 



Foreign Legislation — Victoria. 63 

trade is invariably higher than the minimum wage. I do 
not know that there is any exception to this in Victoria. 

Second Question. 

" Legislation which fixes a standard wage undoubtedly 
has the effect of displacing the unfit Our experience, how- 
ever, shows that this dislocation is not serious, and that as a 
rule things regulate themselves fairly satisfactorily. It is 
true, however, that in Victoria for some years there has 
beeu a shortage of labor, and this fact probably has a good 
deal of bearing on this point. I do not think there is any 
evidence that philanthropic agencies have ever been called 
upon to increase their work through minimum wage legisla- 
tion. There is, however, a section in our law which enables 
a license to be issued to a defective worker to permit a lower 
wage than the minimum to be paid to him (see section 202 
on page 98 of the Handbook sent). This power is only 
sparingly used, as it is regarded very jealously by the trades 
onions, and this department requires very strong evidence 
before it will issue a license to work for less than the 
minimum. 

Third Question. 

" There is no evidence to show that our labor legislation 
has driven any industry from the state, nor from Victoria 
to any other part of the commonwealth. As a matter of fact, 
labor laws are in operation all over the commonwealth, so 
that, if our legislation had any such effect, the industry 
would have been driven to other countries. There has been 
an increasing amount of imports in the last few years, but 
I think I can safely say that the evidence tends to the belief 
that that is caused more by our general prosperity than any " 
other factor. Side by side with the increasing proportional 
imports has been a great increase in production and in the 
number of factories established. 

" My own opinion is that the fixing of a standard wage 
increases efficiency generally, from the fact that the employer 
demands in return a standard degree of efficiency. It is 



64 Appendix Til — Minimum Wage Legislation. 

true that some of the unions have endeavored to restrict the 
output, and have in some cases gone so far as to strike for 
the purpose of enforcing their demands. They have invari- 
ably failed. At the same time there is some evidence that 
in certain of the trades — and in that connection the agri- 
cultural implement making trade might be mentioned — 
they have succeeded to some extent in lessening the output. 
For that reason there is a large section of employers in this 
state who believe that the only fair way of regulating wages 
is by piecework. Our wages boards have power either to fix 
piecework rates or to give the employer thai privilege with 
the provision that the piecework rates fixed by him shall be 
such as will enable an average worker to earn at least the 
minimum wage. One strike is on record against the fixing 
of piecework rates by the employer. The moulders at the 
Sunshine Harvester Works objected to piecework rates in 
any form, although in fact the men were earning consider- 
ably over the minimum, and in some cases twice as much. 
Yet the union took their men out for the simple reason that 
they objected to piecework being paid under any circum- 
stances, and the men have been out now some five or six 
weeks. It is only a sectional strike, and probably not more 
than twenty or thirty men are affected. To answer your 
question generally, I think it can lie truthfully said that the 
efficiency of the workers all round is distinctly higher under 
the minimum wage than it was before. 

" I may say, in conclusion, that the minimum wage law 
in Victoria is working very smoothly. There are fewer 
strikes in this state under the wages boards provision than 
in the neighboring state of Xew South Wales, where they 
have an arbitration court. For the last three months, out of 
the forty-nine strikes that occurred in the six states of 
Australia, thirty-eight were in Xcw South Wales. Our 
wages board law takes no cognizance of a strike once it 
occurs, but leaves the parties to fight it out amongsl them* 
selves. In Xew South Wales they have elaborate provisions 
for settling strikes that occur, with the above result. We 



Fobeign Legislation — Germany. 05 

believe that the best way of settling strikes is to provide — 
as we do in Victoria — every means of arriving at fair con- 
ditions between master and man, and of revising- those con- 
ditions as occasion demands, and then washing our hands of 
the whole matter.'' 

Germany. 

The German government, in 1911, passed a Home Work Act, 
which, although it falls short of the establishment of trade boards 
to fix a minimum rate of wages, sets up trade committees of a 
very similar type, whose lack of power to regulate wages directly 
might easily be remedied by a supplementary aet. At present 
trade committees may be appointed by the Federal Council for 
particular trade- or districts where home workers are employed. 
The committees consist of an equal number of home workers, as 
defined, and their employers, together with a president and two 
assessors, who musl have the requisite technical knowledge. The 
president must be neither an employer nor a home worker. 
Women must be duly represented it' they are largely employed 
in the trade, it is left to the authorities of the various states to 
fix the number of representatives and to appoint not only the 
president and assessors but also, after consultation with the em- 
ployers and home workers, half their representatives. The 
remainder of the representative members are elected by the em- 
ployers and home workers respectively. 

The duties of the trade committees touch the borderland of 
wages regulation. Their functions, as defined in the act, include 
the collection of information and, vaguely, the promotion of 
institutions or measures for improving the conditions of home 
workers, such as collective agreements. If the authorities are 
energetic in setting the committees to work, the information they 
collect will in time be valuable if their functions are later 
extended, as has been predicted. For they must " on the request 
of the municipal and communal authorities ascertain, in a suit- 
able manner, especially by procuring evidence from employers 
and home workers concerned, the amounts actually earned by 
home workers, express opinions as to whether such amounts are 



66 Appendix III — Minimum Wage Legislation. 

reasonable, and make proposals for procuring agreements for 
reasonable remuneration." 

Firms giving out work must keep registers of home workers, 
post up fixed rates of pay in the rooms where work is given out 
or returned, and supply to the workers on each occasion particu- 
lars of the amount of such work and rates of pay, and they must, 
in addition, conform to any instructions issued by the local 
authorities to improve, where necessary, their arrangements for 
giving out work or receiving it back, in order to prevent undue 
waste of time on the part of the outworker. 

Great Britain. 

The Trade Boards Act. — In England considerable legislation 
had already been enacted to provide for conciliation in the case 
of trade disputes, before the evil of sweating, which was becoming 
more and more obnoxious, led to the passage of the Trade Boards 
Act. It was to the Victorian legislative model that the English 
reform movement turned for relief. In 1906 the National Anti- 
Sweating League was formed, which, together with the labor 
party and other leading organizations, began to urge some system 
of establishing a minimum wage which would reach the less 
intelligent and unorganized workers. It was in 1909 that they 
succeeded in inducing parliament to pass the Trade Boards Act 
which became effective one year later. Under this act, wage or 
trade boards may be established for all employees in any industry 
by order of the Board of Trade, subject to ratifications by parlia- 
ment. The first four trades for which trade boards were estab- 
lished were: ready-made tailoring, cardboard box making, the 
making of hammered, dollied, or tommied chain, and certain pro- 
cesses in lace finishing. 

For each such trade, or any branch of the same, the Board of 
Trade was empowered to appoint a committee called a " trade 
board," consisting of an equal number of representatives of em- 
ployers and workers (known as " representative members "), 
together with a certain number of persons including women 
(known as "appointed members"). The number of appointed 
members must be less than half the total number of representa- 
tive members. The Board of Trade decides which member shall 



Foreign Legislation — Great Britain. 67 

act as chairman. Trade boards may fix general minimum time 
rates or minimum piece rates and on the application of any em- 
ployer they must fix a special minimum piece rate for any particu- 
lar class of work on which he is engaged. The rates fixed may differ 
for different classes of workers, for different districts and for 
different processes. To advise the Trade Board, district commit- 
tees may be appointed in fixing rates for their respective localities. 

When a trade board proposes to fix a certain rate, three months 
notice must be given, within which period objections to the rate 
proposed may be raised. On the conclusion of this period the 
rate comes into operation to a limited extent. It is compulsory 
in the absence of a written contract, signed by the worker, pro- 
viding for a lower rate, and it must be adopted by all firms 
engaged on public contracts. Six months later, the Board of 
Trade has power to make the rate obligatory in all cases. Special 
exemptions can be procured under the act in the case of old or 
infirm workers. 

The act provides for the appointment of inspectors for enforc- 
ing the payment of the minimum rates fixed by the trade boards. 
Such inspectors have the right to enter work places at any reason- 
able time and to inspect books, etc. If an employer pays less 
than the minimum rate, he is liable to a penalty not exceeding 
20 pounds. ($100) and for each day on which the offense is con- 
tinued after conviction, 5 pounds ($25). An employee who has 
not received the legal minimum rate may recover the balance due 
him. 

A clearer idea of the method of work under this act may be 
secured from the following rules which the Board of Trade issued 
for the paper box trade: 



Appendix III — Minimum Wage Legislation. 

STATUTORY RULES AXD ORDERS, 1910. 
No. 429. 

Trade Boards. 



Regulations, dated April 27, 1910, made by the Board of 
Trade, establishing a Trade Board, under s. 11 of the 
Trade Boards Act, 1909 (9 Edw. T, e. 22), for the 
making of Boxes or parts thereof made wholly or 
partially of Paper, Cardboard, Chip or similar material. 



The Board of Trade, in pursuance of their powers under 
the Trade Boards Act, 1909, hereby make the following 
Regulations with regard to the making of Boxes, or parts 
thereof, made wholly or partially of paper, cardboard, chip. 
or similar material : 

1. A Trade Board shall be established for that branch 
of the Box Trade in Great Britain which is engaged in the 
making of boxes or parts thereof made wholly or partially 
of paper, cardboard, chip, or similar material. 

2. The Board shall consist of not less than 35 and not 
more than 41 persons, namely, three appointed members, 
and members representing employers and workers, respect- 
ively, in equal proportions. The Chairman and Deputy 
Chairman shall be such of the members as may be nominated 
by the Board of Trade. 

3. Sixteen members representing employers shall be 
elected by employers in the above trade as follows: 

1 representative by employers trading within a radius of 
18 miles of the Royal Exchange, Manchester. 

1 representative by employers trading outside that radius 
and within the counties of Cumberland, Westmore- 
land, Lancashire, Cheshire, and in Xorth Wales. 



Foreign Legislation — Great Britain. 69 

1 representative by employers trading in Northumber- 
land, Durham, and Yorkshire. 

1 representative by employers trading in North Stafford- 
shire and the counties of Leicester, Northampton, 
and Huntington. 

1 representative by employers trading in the counties of 

Nottingham, Derby, Lincoln, and Rutland. 

_' representatives by employers trailing in the counties of 

Hereford. Worcester, Warwick. Oxford. Stafford 
(South), and Shropshire. 

2 representatives by employers trading in the counties of 

Somerset, Devon, Cornwall, Dorset, Wiltshire, Glou- 
cester. Monmouth, and South Wales. 

4 representatives by employers trading in London and the 
counties of Middlesex. Norfolk, Suffolk, Essex, Kent, 
Hertford, Bedford, Buckingham, Surrey, Berkshire, 
Sussex. Hampshire, and Cambridge. 

3 representatives by employers trading in Scotland. 

The election of representatives of employers shall he held 
under the supervision of the Board of Trade and in such 
manner as they may determine. A easual vacancy among 
members representing employers in any of the areas above 
specified shall be filled by election by employers in that area. 

4. Sixteen members representing the workers shall be 
chosen by the Board of Trade after considering names sup- 
plied by workers in the above trade, due regard being paid 
to the proper representation of home workers. A casual 
vacancy among members representing workers shall be filled 
in the same manner. 

5. The Board of Trade may, if they think it necessary 
in order to secure proper representation of any classes of 
employers or workers, after giving an opportunity to the 
Trade Board to be heard, nominate additional representa- 
tive members on the Trade Board, and such representative 



70 Appendix III — Minimum Wage Legislation. 

members may be nominated either for the whole term of 
office of the Board or for any part thereof. The number of 
such additional representative members shall not at any 
time exceed six, three on each side. 

6. The term of office of the first Trade Board shall be 
three years. 

7. Any representative of employers who becomes a 
worker at the trade shall vacate his seat. Any representa- 
tive of workers who becomes an employer in the trade shall 
also vacate his seat. The question of fact shall in each case 
be determined by the Chairman. 

8. Any representative of employers or workers who fails 
without reasonable cause to attend one-half of the total num- 
ber of meetings in one year, shall vacate his seat, but shall 
be eligible to be elected or nominated again, as the case 
may be. 

9. Every member of the Trade Board shall have one 
vote. If at any meeting of the Board the number of mem- 
bers present representing employers and workers, respec- 
tively, are unequal, it shall be open to the side which is in the 
majority to arrange that one or more of their members shall 
refrain from voting, so as to preserve equality. Failing such 
an arrangement, the Chairman, or in his absence the Deputy 
Chairman, may, if he thinks it desirable, adjourn the voting 
on any question to another meeting of the Board. 

10. Any question upon the construction or interpreta- 
tion of these regulations shall in the event of dispute be re- 
ferred to the Board of Trade for decision. 

Signed by order of the Board of Trade this 27th day of 
April, 1910. 

G. R, AsKw r iTir, 
Assistant Secretary, Board of Trade. 

While procedure under the British act is similar on all essen- 
tial points to procedure under our compulsory minimum wage 
laws, the English boards have dealt with much more complicated 



Foreign Legislation — Great Britain. 71 

situations than we in America have yet faced. So far, the 
English act has applied mainly to those industries which are 
characterized by excessive sweating and where the employees are 
almost entirely home-workers — the most difficult class from 
which to get united action. The English boards have considered 
rates for each kind of work within an industry, and for each 
class of workers, as well as for each district where the industry is 
located. Constance Smith, reporting to the International Asso- 
ciation for Labor Legislation in September, 1912, spoke of some 
of the difficulties encountered as follows : 

The number of members of the Chain-making Board had 
been fixed at not more than seventeen persons (including 
three appointed members ) ; the Lace Board is slightly 
larger, the minimum and maximum numbers in this case 
being nineteen and twenty-three. This board has also to 
deal almost entirely with outworkers. These women, who 
are nearly 10,000 in number, do not take out work directly 
from the factory, but have it distributed to them by some 
700 middle-women. This circumstance, together with the 
fact that the lace trade is at all times conscious of the pres- 
sure of foreign competition, makes the work of the Lace 
Board one of considerable complication and delicacy. The 
board has to be careful not to fix the rates at a point which 
will let in the French, Swiss or German competitor ; it has 
also to deal with distributing agents who have been accus- 
tomed to take percentages of the prices paid to them by em- 
ployers at varying rates and whose ideas of the binding 
authority of the Truck Acts is in some cases of an exceed- 
ingly lax description. The price lists which governed the 
situation in Xottingham before the coming of the Trade 
Board were price lists given to the middle-woman, and acted 
upon by her at her discretion ; there was no rule by which a 
definite proportion of the price was paid to the actual 
worker. As a rule the prices paid were miserably low, and 
the workers sunk in poverty and misery. Here, far more 
than in any other of the scheduled industries, was there dif- 
ficulty in finding women of sufficient intelligence and hide- 



72 Appendix III — Minimum Wage Legislation. 

pendence to serve on the Trade Board as workers' repre- 
sentatives. But for the plan wisely adopted by the Board 
of Trade, of not insisting that these representatives should 
be in every ease engaged in the trade itself, it would have 
been impossible to secure adequate representation of the 
workers' side. 

The tailoring trade, one of the most complex in all industry, 
did not baffle the English board. Of this trade, Miss Smith says: 

The Tailoring Board (twenty-nine to thirty-seven mem- 
bers) has to do with by far the most important trade and the 
largest number of workers. It is, however, not so widely 
distributed, geographically, as the box trade, being for the 
most part concentrated in certain great cities. The trade is 
far more complicated than any of the other three, many and 
great variations being found in that simple section of it 
which is at present being handled by the Board. There was 
a time, not very long ago, when even experienced persons 
expressed the view that, owing to the seasonability of the 
trade, and its variations, the establishment of minimum 
rates in connection with it would prove impossible. But 
Sir George Askwith, speaking out of an experience unique 
as regards the fixing of price lists, all along disputed this 
pessimistic view. He wrote (Soziale Praxis, January, 
1911) that he considered objections based on the changes of 
fashion and its varying forms to be ill-founded. Skill and 
organization are what is needed here. In the higher 
branches of this very industry, means of solving the problem 
have already been found; a piece-work list has been estab- 
lished there for some time. If the workers had been better 
organized that list would have already been adopted by other 
branches. * * * I have helped personally to establish 
rates for industries in which variations, much greater and 
much more complicated than any that exist in the tailoring 
trade, were involved. We sometimes took weeks to achieve 
our object; but in the end we did achieve it. 



Foee'igh Legislation — Great Britain-. 73 

The rates of wages paid in the four trades for which boards 
were first authorized seem, particularly in comparison with wage 
rate- in America, pitifully low (nut a few women in the chain- 
making trade received two cents an hour). Yet increases of 
from "'<» per cent. to 150 per cent, have bad their influence: 
" The women seem different beings from the inert and sunken 
people who attended meetings in pre-board times." 

Considerable difficulty was experienced in England in secur- 
ing proper representatives of employees. In contrast with the 
method of our wage commissions which themselves undertake the 
selection of representatives, the Board of Trade appoints, from 
li-t- senl to it, members representing the employers and em- 
ployees. The selection of these members is lefi entirely in the 
hands of each group. While the employers found hut little diffi- 
culty in quickly becoming organized, in the case of the employees, 
being the least experienced class of workers, entirely unorgan- 
ized and full of suspicion, the selection of proper representatives 
has fallen largely upon the friends of the workers. On tin- point 
Miss Smith said in 1012: 

'"The Chain-making Hoard is the only hoard which has, 
so far, been constituted by direct election of representatives 
by employers and workers in meeting assembled. In the 
other three cases the procedure was by Board of Trade 
nomination from lists sent up by the two parties." 

In the case of the chain workers, it was the writer's privilege 
to be present at Cradley Heath at the organization of the first 
trade board, and the election of members was preceded by a long, 
expensive and persistent campaign of education. The cost of 
these edttcational campaigns has been so great that at a recent 
meeting, presided over by the Duchess of Marlborough, a special 
fund of nearly $4,000 was raised to defray expenses incidental 
to preparing workers for representation on the four newly author- 
ized trade boards. 

On the question as to whether or not the minimum rate be- 
comes the maximum the Amalgamated Journal of the Iron, Steel 
and Tin Workers said last year, " Many classes of wage earners 



74 Appendix III — Minimum Wage Legislation. 

who would be benefited and protected by minimum wage legis- 
lation have been living too close to starvation to make possible 
any reasonable amount of concerted action on their part, or such 
preparation, financial or otherwise, as would ordinarily be con- 
sidered essential for success. To all such classes of wage earners 
minimum wage legislation should be valuable as establishing an 
existence basis from which they are in a better position to 
achieve further improved wages and conditions through organized 
effort. A woman wage earner receiving a minimum wage of 
eight dollars per week is on a better basis from which to secure 
ten dollars per week than the same woman getting four dollars 
is in a position to get five dollars." This expression of opinion 
has been entirely sustained by a recent occurrence in England. 
It had been generally accepted that rates first established by a 
trade board was a full discharge of the duty of the board although 
the act itself clearly provided for variations. But on December 
2nd of 1913 the Chain-making Board confirmed proposals to 
increase by 10 per cent, the minimum rates it established in 1910. 
" The precedent," declares the National Anti-Sweating League, 
"will encourage representatives of workers on other boards to 
address themselves at once and vigorously to the progressive im- 
provement, of the minimum rates fixed for their trade." 

Last year Parliament authorized the establishment of trade 
boards in four additional industries : sugar confectionery and food 
preserving; shirt making; hollow-ware making; and linen and 
cotton embroidery. 

Sugar confectionery and food preserving includes the making 
of sugar confectionery, cocoa, chocolate, jam, marmalade, pre- 
served fruits, fruit and table jellies, meat extracts, meat essences, 
sauces and pickles, the preparation of meat, poultry, game, fish, 
vegetables and fruit for sale in a preserved state in tins, pots, 
bottles, and similar receptacles; the processes of wrapping, filling, 
packing, and labeling in respect of articles so made or prepared. 

Shirtmaking includes the making from textile fabrics of shirts, 
pajamas, and other washable clothing worn by male persons, 
excluding articles the making of which is included in para- 
graph I of the schedule in the Trade Boards Act, 1909, and 



Foreign Legislation — Great Britain. 75 

excluding articles which are knitted or are made from knitted 
fabrics. 

Hollow-ware making includes the making of hollow-ware 
(including boxes and canisters) from sheet iron, sheet steel or 
tin plate, including the processes of galvanizing, tinning, enamel- 
ing, painting, japanning, lacquering and varnishing. 

Linen and cotton embroidery includes those branches of the 
trade of making up articles of linen or cotton or mixed linen and 
cotton which are engaged in the processes of hand embroidery, 
drawn thread work, thread drawing, thread clipping, top sewing, 
scalloping, nickeling and paring. 

The National Anti-Sweating League reports, July 29, 1913, 
that: 

" In the trade- at present, within the scope of the Trade 
Boards Act. there are approximately 250,000 operatives. 
The numbers likely to be affected by the boards about to be 
established are roughly as follows: 

Sugar confectionery and food preserving 80,000 

Shirtmaking 50,000 

Hollow-ware 15,000 

Cotton and linen embroidery 5,000 



150,000 



" Certain branches of the laundry trade were to have been 
included also, but the Provisional Order Bill bringing them 
in was withdrawn by the Board of Trade because of defects 
in its terminology. Mr. Buxton has intimated that the bill 
will be reintroduced next year and should it apply to all 
laundrying, as is considered likely, 110,000 workers will be 
added to those already enumerated. In this case nearly 
500,000 workers, mainly women, will be within the purview 
of the act though only four years have elapsed since its pas- 
sage into law." 



7G Appendix III — Minimum Wage Legislation. 

Mr. J. J. Mallon, writing in The New Statesman, February 21, 
1914 (Women's Supplement, p. x), says: 

" What the boards have accomplished may be shortly sum- 
marized. For men chain-workers at Cradley Heath the 
minimum rates are from 5d. to 7 Mid. an hour, and for 
women 2%d. per hour, these sums including an addition of 
10 per cent, just made to the rates originally fixed. Miser- 
able as is this woman's rate of 2 { 'Ad. an hour, yet as compared 
with what went on before it is handsome. Hundreds of 
women were at one time earning less than half as much, and 
at their meetings any mention of a possible minimum of 10s. 
for a week of full employment aroused only sceptical mirth. 
At the present legal rate the worker of ordinary capacity 
earns, if fully employed, rather more than 12s. per week. 

"As a fact, of course, many are not earning so much. 
Women chain-makers at Cradley Heath are chiefly wives 
and mothers, and of these a portion take the benefit of the 
higher rates in the shape of ampler leisure, or in time de- 
voted to their domestic concerns. Formerly such women 
worked for a week to earn half a dozen shillings. Fnder 
the new conditions as much may be earned in two or three 
days. 

" It should be remembered that the husbands of many of 
these workers are themselves beneficiaries. Tn the smaller 
forges men and women work side by side, and where this 
occurs the uplift to the joint income has been of the most 
substantial kind. ' More food and better,' said one local 
tradesman when asked as to the effect of minimum rates 
upon the chain-maker's purchase ; and his view receives 
general corroboration. An improvement in the quality of 
the lower grades of chain, and a great incentive to organiza- 
tion, alike in Cradley Heath and in the surrounding areas, 
are further results of the coming of the Trade Board. 

" What about the effect on the trade? If one may judge 
by appearances, the trade has actually thriven. The cry of 
most employers is that they cannot get workers enough, and 
some anxiety is expressed as to the future should the recruit- 



Foreign Legislation — Great Britain. 77 

ment of young chain-makers not be augmented. Certainly 
the trade has not fallen off. 

" In a word, the Trade Board at Cradley Heath has more 
than justified its friends and confounded its enemies. Its 
success is definite, considerable, and complete. It has made 
a deep and abiding mark upon the history of the Black 
Country. No other industrial event of the present genera- 
tion has so impressed and affected the workers of the 
district." 

The following list of questions concerning the operation of the 
minimum wage law in England was sent by the New York Fac- 
tory Investigating Commission to the office of the Board of Trade 
at London : 

"First. Does the minimum wage become the maximum? 

Second. How far are the unfit displaced by such 
legislation ? 

Third. Do such laws tend to drive industry from the 
state I 

Fourth. Do they result in decreasing efficiency?" 

In response the following statement was received: 

" I am directed by the Board of Trade to say that, as the 
Trade Boards Act has only been in operation for a com- 
paratively short period, they consider that it is as yet too 
early to express a definite judgment on its indirect and 
ultimate results. 

" The board are of opinion, however, that provisional re- 
plies, based on the experience so far obtained of the working 
of the act, may be given to the questions contained in your 
letter, as follows : ( 1) The board are not aware of any 
general tendency among employers to reduce rates to the 
minimum allowed by law in cases where higher rates have 
been paid in the past. On the contrary, there is reason to 
suppose that the better organization of the workers, which 
has been observed to have taken place in the trades to which 



78 Appendix III — Minimum Wage Legislation. 

the act has been applied, tends to prevent the legal minimum 
rate from becoming in fact the maximum. (2) So far as 
the board are aware, there has been no general dismissal of 
workers as a result of the fixing of minimum rates ; and even 
where workers have been dismissed on this account, it has 
frequently been found that this has been due to misunder- 
standing of the act and not to its actual provisions. (3) The 
board are not aware of any tendency on the part of manu- 
facturers to transfer their business to foreign countries, or, 
in cases where lower minimum rates have been fixed for 
Ireland than for Great Britain, to transfer their business 
from Great Britain to Ireland. (4) There is no evidence 
in the possession of the board to show that the efficiency of 
workers has been reduced as a result of the fixing of mini- 
mum rates of wages. On the contrary, there are indications 
that in many cases the efficiency of the workers has been 
increased. The fixing of minimum rates has also resulted in 
better organization among the employers and in improve- 
ments in the equipment and organization of their factories." 

British Coal Mines {Minimum Wage) Act. — Until 1912, the 
theory of the legal minimum wage in England had been that of 
state interference on behalf of the more helpless workers. But 
the winter of 1911-1912 saw great unrest among the coal miners 
of Britain — perhaps the strongest of organized workmen in that 
country. Many strikes occurred with the result that a demand 
was made upon Parliament for the establishment of a minimum 
wage by law. A compromise was effected and on March 29, 1912, 
Parliament passed a measure providing for the establishment of 
joint district boards, comprised of representatives of employers 
and employees with an independent chairman appointed by them. 
These boards have power to fix wage rates, rules and conditions 
of work for the twenty-two districts which have been scheduled 
by the Board of Trade. (1) 

(1) For copy of the law, see p. 182. 



International Recommendations. 79 

Recommendations for International Action. 

International action in regard to the establishment by law of 
a minimum wage was taken by the International Association for 
Labor Legislation in 1904 at its third biennial convention at 
Basle, Switzerland. This International Association, organized 
in 1900 and supported in part by subventions from fourteen gov- 
ernments with sections in fifteen different countries, further 
recommended at its seventh biennial meeting in September, 1912, 
the following general principles : 

The adoption by legislation of the principle that wage 
agreements for insufficient amounts or of an usurious nature 
should be null and void, and that the conclusion of such 
agreements should be subject t<» penalties. The meeting re- 
gards this principle as essential, but at the same time, it 
recognizes that the difficulties of its application are such as 
to prevent its adoption from being in any degree a practical 
solution of the problem. 

The delegates' meeting believes that any legislation in 
favor of home workers will be ineffective so long as it is not 
founded on minimum rates fixed by wages boards constituted 
according to the following principles: 

1. The board shall be composed of an equal number of 
employers and employees, chosen generally by the parties or, 
if this is impossible, by bodies acting on their behalf. 

The president shall not be an employer or an employee 
and shall be elected by the board. The government shall 
appoint him in case of disagreement. He shall have the 
casting vote. 

2. The minimum wage shall be so fixed that a home 
worker of ordinary capacity may earn as time wage a sum 
approximately equal to fair wages paid in factories and 
workshops where similar trades are carried on in the town 
or district. The wage must be at least high enough to 
ensure to the worker under normal living conditions suffi- 
cient food and healthy housing. 



Appendix III — Minimum Wage Legislation. 

3. The board shall fix officially the minimum wage and 
publish it at once. 

4. If possible the board shall establish a scale of mini- 
mum wage rates for all the different operations of the trade. 

5. To the amount of wages must be added the cost of 
tools and materials furnished by the worker, the value of 
time wasted, etc. 

G. The minimum wage must be paid to the worker net 
without any deduction in favor of employer or middleman. 

7. If collective agreements exist in a trade, the mini- 
mum wage board must endeavor to extend the benefits of 
such collective agreements to all home workers also. 

8. For operations not included in the scale named under 
4 the employer must prove in each particular case coming 
before the board that the conditions allow the average worker 
to earn at least the minimum time wage. 

Disputes shall be settled by the wages boards. 

9. The board shall establish likewise scales of payment, 
and if possible minimum wages, for the apprentices in the 
trade, even where the apprentices are employed in workshops. 

10. Every violation of the law shall constitute a penal 
offense in each case and in respect of each worker concerned. 

11. Every trade organization and any person interested 
in the trade and every society qualified for the purpose may 
inform the board that wages paid are below the minimum 
wage fixed for the trade. All such persons or organizations 
may take legal action. 

12. The minimum wages fixed by the local boards may 
be reviewed by a central commission of revision acting 
officially and without delay. This commission may modify 
and co-ordinate local decisions. The governments shall 
select the members of such commission in equal numbers 
from the employers tnd employees composing the local 
boards. 



1 X TEE S A.TIO -\ A I . RjECOM M KN DATIOH S. 81 

The delegates' meeting invites the members of Parliament 
belonging' to the International Association to introduce, or 
cause to be introduced, bills corresponding to the accepted 

resolution. 

The national sections are requested to engage in an ener- 
getic campaign in order to convince the public of the neces- 
sity of fixing minimum wages for home industries. 



82 Appendix III — Minimum Wage Legislation. 



III. REPRESENTATIVE OPINIONS UPON THE 
OPERATION OF MINIMUM WAGE LAWS. 

Position of the American Federation of Labor on the 
Legal Minimum Wage. 

From the official report of the Executive Council of the Amer- 
ican Federation of Labor to the thirty-third annual convention, 
1913: 

Conclusions and Recommendations. 

" From the report we have given, it will be observed that the 
movement for a minimum wage for women and minors has gained 
considerable headway in our country, and that sentiment in favor 
of a living wage is rapidly crystallizing. That this growth, of 
sentiment among the people is due to the activities of the organ- 
ized wage earners there can be no doubt. The organized labor 
movement has insisted from the beginning upon the establish- 
ment of a living wage as a minimum, and it has, through the 
force of organized effort, succeeded in establishing minimum 
wages and maximum hours of labor far superior to those pre- 
scribed by the wage boards of other countries. 

" There is a marked difference, however, between the laws of 
other countries and the laws enacted or proposed in various states 
in our country. In England and in Australia authority is vested 
in wage boards to fix minimum wages for men workers as well as 
for women and minors ; whereas in America these laws relate 
exclusively to women workers and to minors. If it were proposed 
in this country to vest authority in any tribunal to fix by law 
wages for men, Labor would protest by every means in its power. 
Through organization the wages of men can and will be main- 
tained at a higher minimum than they would be if fixed by legal 
enactment. 

" But there is a far more significant ground for opposing the 
establishment by law of a minimum wage for men. The prin- 
ciple that organization is the most potent means for a shorter 
workday, and for a higher standard of wages, applies to women 
workers equally as to men. But the fact must be recognized that 



Economic Inequality. 83 

the organization of women workers constitutes a separate and 
more difficult problem. Women do not organize as readily or as 
stably as men. They are, therefore, more easily exploited. They 
certainly are in a greater measure than men entitled to the con- 
cern of society. A fair standard of wages, a living wage for 
all employed in an industry, should be the first consideration in 
production. Xone are more entitled to that standard than are 
the women and minors. An industry which denies to all its 
workers and particularly denies to its women and minors who are 
toilers a living wage is unfit and should not be permitted to exist. 

" We recognize, of course, that in our time legislation of this 
character is experimental and that sufficient experience with it 
has not been had to enable us to secure comprehensive and accu- 
rate information as to its tendency and its effect upon wages and 
industrial conditions; therefore, we recommend that for the 
information of the labor movement the Executive Council be 
instructed to watch developments where such legislation is in 
force and to record carefully the activities, the decisions and the 
trend of minimum wage boards. 

" We recommend that in all minimum wage laws the organ- 
ized workers should see to it that provision is made for the repre- 
sentation on minimum wage boards of the organized wage earners, 
and that the laws are so changed or drawn and administered as to 
afford the largest measure of protection to women and minor 
workers — those they are designed to protect." 

Economic Inequality Between Employer and Employee. 

" The legislature has also recognized the fact, * * * that 
the proprietors of these establishments and their employees do 
not stand on an equality, and that their interests are, to a certain 
extent, conflicting. The former naturally desire to obtain as 
much labor as possible from their employees, while the latter are 
often induced by the fear of discharge to conform to regulations 
which their judgment, fairly exercised, would pronounce to be 
detrimental to their health, and strength. In other words, the 
proprietors lay down the rules, and the laborers are practically 
constrained to obey them. * * * The fact that both parties 



84 Appendix Til — Minimum Wage Legislation. 

are of full age, and competent to contract, does ool necessarily 
deprive the state of power to interfere, where the parties do not 
stand upon an equality, or where the public health demands thai 
one party to the contract shall be protected against himself." 

Holden v. Hardy, 1G9 U. S. 3 66. Brief for a Proposed 

Minimum Wage Law. for Wisconsin, prepared under 

the direction of J. E. Commons. 

"AH the protection afforded to the laborer as debtor, creditor, 
wage earner, and wage bargainer in the matter of hours of labor, 
sanitation, and methods of payment do not avail unless he re- 
ceives wages sufficient to maintain himself and those dependent 
upon him in the necessary comforts of life. This is partly the 
result of new burdens on labor on account of compulsory educa- 
tion, housing and sanitation, pure food laws, industrial accidents, 
etc. The cost of living to the laborer has been greatly increased 
by these measures. It is also partly the result of lessened oppor- 
tunities for labor to escape from the condition of wage earner into 
the condition of self-employment or the employment of another, 
on account of disappearance of free public lands, and the large 
amounts of capital and credit required for business." 

Brief for a Proposed Minimum Wage Law for Wisconsin, 
prepared under the direction of J. P. Commons. 

Mr. Ord, the Victorian factory inspector, describes (Report, 
1898, pp. 12, L3 and 14) " the saddest feature of the excess of 
labor over demand. The men are not true to themselves. " * 
An old man (in the boot trade) I once asked to sign a statutory 
declaration as to his wages, looked me fair in the face and said. 
' Mr. Ord, I'll declare anything you like.' What he meant was, 
I must work, and to get and keep the work 1 will commil perjury 
if you like. " :f * * When the same is done by young men, one 
begins to ask, how can Parliament protect the men against them- 
selves? The only answer appears to me to be, provide work at 
remunerative wages for men able to work and old age pensions 
for the old workers." 

The Case For and Against a Legal Minimum Wage for 

Sweated Workers, p. 1 ."> ; The Woman's Industrial 

Council, London. 



Parasitic [NDUSTRIES. 85 

"The variations in the wage rates paid by different factories 
for the same work are frequent and great. In each occupation 
listed, except that of washing, the highest wage paid by the estab- 
lishments at one extreme is at least double that paid by the estab- 
lishment at the other extreme, and in the excepted occupation of 
washing, the variation is little short of LOO per cent. In grinding 
the variation i< particularly great, the difference between 6.2 
cents an hour and 15 cents an hour being, on a 58-hour per week 
basis, the difference between $3.60 a week and $8.70 a week." 

Report on Condition of Women and Child Wage Earners 
in the United State-. Vol. I IK i). ids. Glass 
Industry. Senate Documenl No. 645, 61s1 Congress, 
2nd Session, L93 1. 

A Living Wage and the Parasitic [ndustries. 

The interpretation of "lair and reasonable" wages is given 
by Mr. Justice Higgins, president of the Australian Common- 
wealth Court of Arbitration, as follows: 

"The provision for a fair and reasonable remuneration is 
obviously designed for the benefit of the employees in the indus- 
try; and it must he meant to secure for them something which 
they cannot get by the ordinary system of individual bargaining 
with employers. If Parliament meant that the conditions shall 
be such as they can get by individual bargaining — if it meant 
that those conditions are to be fair and reasonable' which em- 
ployees will accept and employers will give in contracts of ser- 
vice — there would have been no need for this provision. The 
remuneration could safely have been left to the usual, but un- 
equal, contest, the ' higgling of the market ' for labor, with the 
pressure, for bread on one side, and the pressure for profits on the 
other. The standard of " fair and reasonable ' must, therefore, 
be something else ; and I cannot think of any other standard 
more appropriate than the normal needs of the average employee, 
regarded as a human being living in a civilized community. I 
have invited counsel and. all concerned to suggest any other stan- 
dard ; and they have been unable to do so. If, instead of indi- 
vidual bargaining, one can conceive of a collective agreement — 



80 Appendix III — Minimum Wage Legislation. 

an agreement between all the employers in a given trade on the 
one side, and all the employees on the other — it seems to me 
that the framers of the agreement would have to take, as the first 
and dominant factor, the cost of living as a civilized being. If 
A lets B have the use of his horses, on the terms that he give 
them fair and reasonable treatment, I have no doubt that it is 
B's duty to give them proper food (sic) and water, and such 
shelter and rest as they need ; and, as wages are the means of 
obtaining commodities, surely the state, in stipulating for fair 
and reasonable remuneration for the employees, means that the 
wages shall be sufficient to provide these things, and clothing, 
and a condition of frugal comfort estimated by current human 
standards. This, then, is the primary test, the test which I shall 
apply in ascertaining the minimum wage that can be treated as 
' fair and reasonable ' in the case of unskilled laborers." 

Quoted by M. B. Hammond, American Economic Review, 
June, 1913, page 268. 

If a man cannot maintain his enterprise without cutting down 
the wages which are proper to be paid to his employees — at all 
events, the wages which are essential for their living — it would 
be better that he should abandon the enterprise. This is the 
view independently adopted by Mr. Justice Gordon in Adelaide, 
and Mr. Justice Burnside in Western Australia. The former 
said in the Brush-makers case, " If any particular industry can- 
not keep going and pay its employees at least 7s. a day of eight 
hours, it must shut up." In the Collie Miners case, Mr. Justice 
Burnside refused an application of the employers to lower the 
minimum, and said, " If the industry cannot pay that price, it 
had better stop, and let some other industry absorb the workers." 
Both the other members of the court concurred in the latter 
decision. (6 W. A. Arb. Bep. 84.) 

Mr. Justice Higgins of the Commonwealth Arbitration 

Court of Australia, quoted by M. B. Hammond, 

Ibid., p. 282. 

" In view of these conditions, can any one say that a wage of 
$2.75 a day is, as a matter of law. more than a reasonable living 



Relation to Cost of Production. 87 

wage \ The unit, as applied to the problem of living-, is the 
family, not the individual, and $2.75, or even $3, a day can 
hardly be complacently pronounced as an unreasonable sum for 
supporting such a unit. * * * To hold that the payment of 
any sum which we cannot say is above a reasonable living wage, 
though it may be above the prevailing rate of wages, is a mere 
gratuity, would be to sacrifice the fact to a mere term. Such a 
holding would be an indictment of our civilization." 

Malette v. City of Spokane, Supreme Court of Washing- 
ton, Pacific Reporter, Feb. 2. l'.'l 1. page "><> s . 

" Upon the question of the general policy of Parliament fixing 
or providing for the fixing of a minimum rate of payment for 
work, below which it should be illegal to employ people, your 
committee are of the opinion that it is quite as legitimate to 
establish by legislation a minimum standard of remuneration as 
it is to establish such a standard of sanitation, cleanliness, ventila- 
tion, air space, and hours of work. If it be said that there may 
be industries which cannot be carried on if such a standard of 
payment be enforced, it may be replied that this was said when 
the enactment of many of the provisions of the factory and other 
similar acts were proposed, and public opinion supported Parlia- 
ment in deciding that, if the prognostication were an accurate 
one, it would be better that any trade which could not exist if 
such a minimum of decent and humane conditions were insisted 
upon should cease. Parliament, with the full approval of the 
nation, has practically so decided again and again, when enact- 
ments have been passed forbidding the carrying on of specified 
industries, unless certain minimum conditions as to health, safety 
and comfort are complied with." 

Report from the Select Committee on Home Work to 
House of Commons, London, p. xiv, 1908. 

Relation to Cost of Production. 
(a) Efficiency of Employer and Employee. 
" Frankly, the minimum wage for women has come. You will 
have to meet it. And why shouldn't you meet it ? What harm 



88 Appendix 111 — Minimum Wage Legislation. 

is ii going to do you if every merchant has to pay the same 
wage? It becomes precisely as other expense accounts. Hitherto 
the law of supply and demand fixed the wage schedule. Hence- 
forth it will be efficiency and if the cost of selling is increased, 
the purchaser is the one who will pay. 

"An eight-hour law for employees is pending in sonic states. 
When the law first came into our state, we thought it was very 
drastic. Time has proved the wisdom of this law. Merchants 
have adapted themselves to it. Business proceeds with ever-in- 
creasing prosperity and we are scarcely conscious of ever having 
worked without an eight-hour law in effect." 

Mr. Arthur Letts, of Los Angeles, president Retail Dry 
Goods Association. New York Times, February 12, 
1914. 

" It is interesting to note that many of the employers admit 
that the result of the Trade Board award has been already to call 
their attention to many instances of waste and leakage in their 
establishments. While the rate was in partial operation card- 
board factories have been carefully overhauled, and a new tidi- 
ness and efficiency have entered into them." 

Annual Report of the National Anti-Sweating League. 
London, 1913, p. 7. 

" Many people thought an increase in price must follow a rise 
in wages. Well, in Melbourne the trade boards had raised wages, 
sometimes by 50 per cent, and 70 per cent, beyond what the 
women had been getting before, and he had satisfied himself that 
there was no increase in the price of the furnished article at all 
as a consequence of the rise in prices. Yet the employers were 
not bankrupt. The explanation was that when the higher wages 
had to be paid the industry was carried on in a more efficient 
way than when the employer paid low wages. For the increased 
wages they paid they saw to it that they got more efficient work. 
Thus the labor was not more expensive to the employer, although 
the workers received more." 

Sidney Webb, National Conference on the Prevention of 
Destitution, p. 425, 1912. 



Relation to Cost of Pboduction. 89 

'•And ir is difficult to believe that the enforcement of a legal 
minimum wage in all these different industries, employing 
1 L0,000 persons (being, with their families, more than a quarter 
of the entire population of the state), has interfered with the 
profitableness of industry, when the number of factories has in- 
creased, in the sixteen years, by no less than 60 per cent., and the 
numbers of workers in them have more than doubled. Certainly, 
no statesman, no economist, uo political party nor any responsible 
new-paper of Victoria, however much a critic of details, ever 
dreams qow of undoing the Minimum Wage Law itself." 

Sidney Webb, Journal of Political Economy, December, 
1912, page !»7<'>. 

'■ The unenlightened employers who have opposed these meas- 
ure- persistently asserted thai the new restrictions or expenses 
imposed upon their business would destroy their profits, cripple 
their competition with foreigners and (dose their mills. The laws 
were passed, the burdens were imposed, no such disaster as was 
predicted actually occurred. Why not ( Well, partly because 
the improved safety, and sanitation, the shorter hours, and other 
betterment in the condition of the employees raised the efficiency 
of labor, but partly also because the fear of reduced profits 
operated upon the employers as a stimulus to improved economy 
in the conduct of their business. A rise in the wage bill or in 
other expenses led to the invention or adoption of improved 
machinery, the utilization of hitherto wasted products, or other 
improvements either in the technique or in the administration 
of the business. A trade dependent for its economy upon 
abundance of cheap, low-grade labor is notoriously an unpro- 
gressive trade ; an enforced rise of wages will commonly be a 
spur to progress." 

John A. Hobson, before the National Anti-Sweating 

League, London, 1907. Report of Proceedings, 

page 55. 

" The fact remains that in several trades in which wages have 
tended upwards there is much testimony to the fact that neither 
cost nor price have been similarly affected, and in some instances 



90 Appendix III — Minimum Wage Legislation. 

it has been admitted that they have tended in the opposite direc- 
tion." The Melbourne manager of one of the largest importing 
and manufacturing firms in Australia is quoted as saying: " They 
(the special boards) have made no difference in business and no 
traceable difference in prices." Another employer in the clothing 
trade gave an experience of several years during which, while 
wages had increased 20 per cent., costs had diminished 35 per cent. 
In the replies furnished to the questions set forth in Form B of 
Mr. Aves' report, twenty-eight persons state that they are unable 
to mention a single case in which special boards have led to an 
increase in price, while nine only answer doubtfully or in the 
opposite sense. The advantage of a greater equality of conditions 
on both sides, secured by a minimum rate, appears to be strongly 
felt in Victoria, and the fact that the honest employer is, under 
a special board, placed on an equality with the sweater is forcibly 
insisted on. " This point is mentioned repeatedly." So cautious 
and careful a collector of evidence as Mr. Aves feels constrained 
to add that " from this point of view, which is reflected in con- 
nection with trades of many descriptions — from engineering 
down to white work — the special boards may almost be regarded 
as having won general approval." 

Miss Constance Smith in The Case for Wages Boards, 
London, National Anti-Sweating League ; quotations 
from Mr. Ernest Aves' report on the Australasian 
systems. 

" To the wage earners as a class it is of the utmost importance 
that the other factors in production — capital and brain power — 
should always be working at their highest possible efficiency, in 
order that the common product, on which wages no less than 
profits depend, may be as large as possible. The enforcement of 
the common rule on all establishments concentrates the pressure 
of competition on the brains of the employers, and keeps them 
always on the stretch. ' Mankind,' says Emerson, ' is as lazy as 
it dares to be ', and so long as an employer can meet the pressure 
of the wholesale trader, or of foreign competition, by nibbling 
at wages or ' cribbing time ' he is not likely to undertake the 
' intolerable toil of thought ' that would be required to discover 



Relation to Cost of Production. 91 

a genuine improvement in the productive process, or even, as 
Babbage candidly admits, to introduce improvements that have 
already been invented.'' 

Sidney Webb, Journal of Political Economy, December. 
1912, page 983. 

'• From the point of view of the economist, concerned to secure 
the highest efficiency of the national industry, it must be counted 
to the credit of the legal minimum wage that it compels the em- 
ployer, in his choice of men to fill vacancies, seeing that he can- 
not get a ' cheap hand ' for the price that he has to pay, to be 
always striving to exact greater strength and skill, a higher stan- 
dard of sobriety and regular attendance, and a superior capacity 
for responsibility and initiative. This is exactly what has hap- 
pened in Victoria under the Minimum Wage Law, as it has hap- 
pened in Great Britain where a definitely fixed minimum has 
been substituted for the irregular competitive rates, which, in the 
absence of a common rule, the sharp or ' cutting ' employer can 
enforce on the weakest or most necessitous workers. Thus, a 
legal minimum wage positively increases the productivity of the 
nation's industry, by ensuring that the surplus of unemployed 
workmen shall be exclusively the least efficient workmen ; or, to 
put it in another way, by ensuring that all the situations shall 
be filled by the most efficient operatives who are available. This 
is plainly not the case under ' free competition ' where there is 
no fixed minimum." 

Sidney Webb, Journal of Political Economy, December, 
1912, page 979. 

" But it may be remarked, in passing, that it is by no means 
the general consensus of informed opinion that either maximum 
time or minimum wage laws, not exceeding a reasonable living 
wage, when fairly tried out, will have the necessary effect of 
increasing the cost of work to any material extent, especially 
when applied only to public work. The evidence shows that 
there is no scarcity of laborers in Spokane, and it would seem 
that the shorter hours of labor and higher daily pay would neces- 
sarily attract many of them. The city and those doing its work 



92 Appendix TTI — Minimum Wage Legislation. 

by contract would thus have the choice, and could select the more 
efficient laborers. This would unquestionably lend to counteract 
in efficiency the added cost caused by shorter hours and higher 
pay. Contractors would, in time, learn this fact and make their 
calculations and bids accordingly." 

Malette v. City of Spokane, Supreme Court of Washing- 
ton, Pacific Reporter, February 2, 1014. page 504. 

" We arrive, therefore, at the unexpected result, that the en- 
forcement of definite minimum conditions of employment as com- 
pared with a state of absolute freedom to the employer to do as 
he likes, positively stimulates the invention and adoption of new 
processes of manufacture. This is no new paradox, but has been 
repeatedly remarked by the opponents of trade unionism. Thus 
Babbage, in 1832, described in detail how the invention and 
adoption of new methods of forging and welding gun barrels was 
directly caused by the combined insistence on better conditions 
of employment, by all the workmen engaged in the old process. 

1 In this difficulty (he says) the contractors resorted to a mode 
of welding the gun barrel according to a plan for which a patent 
had been taken out by them some years before the event. It had 
not then succeeded so well as to come into general use, in conse- 
quence of the cheapness of the usual mode of welding by hand 
labor, combined with some other difficulties with which the 
patentee had to contend. But the stimulus produced by the conv- 
bination of the workmen for this advance of wages induced him 
to make a few trials, and he was enabled to introduce such a 
facility in welding gun barrels by roller, and such perfection in 
the work itself, that in all probability very few will in future be 
welded by hand labor. Similar examples (continue- Babbage) 
must have presented themselves to those who are familiar with 
the details of our manufactories, but these arc sufficient to illus- 
trate one of the results of combinations. * :: ' " :: " It is quite 
evident that they have all this tendency; it is also certain that 
considerable stimulus must be applied to induce a man to con- 
trive a new and expensive process; and that in both these cases 
unless the fear of pecuniary loss hud acted powerfully the lm- 

provement would not hare been made.' " 

Sidney Webb, Journal of Political Economy, December, 
1912, page 982. 



Relation to Cost of Production. 93 

(b) Employees Unable to Earn the Minimum Rule. 

" Thus, all the most capable and besl conducted would cer- 
tainly obtain regular situations. But this concentration of em- 
ployment would, it must be admitted, imply the total exclusion 
of others, who might, in the absence of regulation, have ' picked 
up ' some sort of partial livelihood. In so far as the persons thus 
rendered permanently unemployed consisted merely of children 
removed from industrial work to the schoolroom, few (and cer- 
tainly no economist) would doubt that the change would be 
wholly advantageous to national productivity and economic 
efficiency. And there are many who would welcome a reorgani- 
zation of industry, which, by concentrating employment exclus- 
ively among those in regular attendance, would tend automatically 
to exclude from wage labor, and to set free for domestic duties, an 
ever-increasing proportion of the women having young children 
to attend to. There would still remain to be considered the 
remnant who, notwithstanding the increased demand for adult 
male labor and independent female labor, proved !■ be incapable 
of earning the legal minimum in any capacity whatsoever. We 
should, in fact, be brought face to face with the problem, not of 
the unemployed but of the unemployable; those whom no em- 
ployer would employ at the legal minimum even if trade was 
booming and he could get nobody else. 

" The unemployable, to put it bluntly, do not and cannot under 
any circumstances earn their keep. What we have to do with 
them is to see that as few as possible of them are produced ; that 
such of them as can be cured are (almost at whatever cost) 
treated so as promptly to remove their incapacity, and that the 
remnant are provided for at the public expense, as wisely, as 
humanely, and inexpensively as possible. * * * But, of all 
ways of dealing with these unfortunate parasites, the most ruin- 
ous to the community is to allow them unrestrainedly to compete 
as wage earners for situations." 

Sidney Webb, Journal of Political Economy, December, 
1912, page 992. 

" It is undoubtedly true that a determination in favor of mini- 
mum wage regulations does commit organized society to a more 



94 Appendix III — Minimum Wage Legislation. 

responsible attitude toward the whole labor problem, than any 
American state has yet adopted. For one, I welcome this 
prospect and believe that the more serious attention to the ques- 
tions of unemployment and its remedies, of industrial education 
and vocational guidance, and of provision for indigent widows 
and orphans, for the superannuated and for defectives, which it 
must entail, will prove only advantageous." 

Henry R. Seager, American Labor Legislation Review, 
Vol. Ill, No. 1, page 89. 

The Minimum Wage as a Public Policy. 

" Just as it is against public policy to allow an employer to 
engage a woman to work excessive hours or under insanitary con- 
ditions, so it is equally against public policy to permit him to 
engage her for wages insufficient to provide the food and shelter 
without which she cannot continue in health. Once we begin to 
prescribe the minimum conditions under which an employer 
should be permitted to open a factory, there is no logical distinc- 
tion to be drawn between the several clauses of the wage contract. 
From the point of view of the employer, one way of increasing 
his expenses is the same as another, while to the economist and the 
statesman, concerned with the permanent efficiency of industry 
and the maintenance of national health, adequate food is at least 
as important as reasonable hours or good drainage. To be com- 
pletely effectual the same policy will, therefore, have to be ap- 
plied to wages. Thus, to the economist, the enforcement of a 
legal minimum wage appears but as the latest of the long series 
of common rules, which experience has proved to be (a) neces- 
sary to prevent national degradation; and (b) positively advan- 
tageous to industrial efficiency." 

Sidney Webb, Journal of Political Economy, December, 
1912, pages 988 and 989. 

" The eight-hour law manifests a public policy on the part of 
the state to better the condition of laborers employed upon public 
work. The purpose of the minimum wage ordinance is precisely 
the same, and the policy which sustains the one warrants the 
other. We fail to find wherein the ordinance in question is con- 



Public Policy. 95 

trary to any public- policy of the state, either as declared or im- 
plied in any statutory enactment. On the contrary, it is in 
accord with the policy which underlies the eight-hour law. 

Malette v. City of Spokane, Supreme Court of Washing- 
ton, Pacific Reporter, February 2, 1914, page 502. 

" The idea underlying the ultimately developed sentiment of 
the people upon that subject (exemption ) * * * is that the 
citizen is an essential elementary constituent of the state ;~1;hat 
to preserve the stale the citizen must be protected; that to live, he 
must, have the means of living; to act and to be a citizen he must 
be free to act and to have somewhat wherewith to act, and thus 
to be competent to the performance of his high functions as such. 
Hence it would seem, as no doubt it was, a matter of the gravest 
state policy to invest the citizen with, and to secure to him, those 
essential perquisites, without which the state could not demand 
of him at all times his instant service and devoted allegiance." 
Maxwell v. Reed, 7 Wis. 594. Brief for a Proposed 

.Minimum Wage Law for Wisconsin, prepared under 

the direction of J. R. Commons. 

"A continually fluctuating labor market is a heavy burden on 
the fair employer in manufacturing. He is menaced by the under- 
cutting of his wage rates by his rivals in business, by strikes of 
his employees, by the uncertainties of the future, by alterations 
in costs. His losses besides are those of a citizen obliged to help 
support those of his competitors not paying a living wage and 
whose employees are hence from time to time thrown on the com- 
munity for assistance. We cannot but conclude that the fair em- 
ployer must in the end agree with us on the desirability and 
feasibility of the minimum wage as here advocated." 

.John Mitchell, in The Wage-Earner and His Problem, 
p. 103. 

"First, let us notice that the act of 1896 (like the British 
Trade Boards Act of 1909), was only a temporary one. It has 
during the past sixteen years been incessantly discussed ; it has 
been repeatedly considered by the Legislature; and, as a result, 
it has been five successive times renewed by consent of both 
4 



96 Appendix III — Minimum Wage Legislation. 

Houses. Can it be that all this is a mistake % Still more con- 
vincing, however, are the continuous demands from the other 
trades, as they witnessed the actual results of the legal minimum 
wage where it was in force, to be brought under the same law. 

" Now, in this remarkable popular demonstration of the suc- 
cess of the act, tested by the not inconsiderable period of sixteen 
years, extending over years of relative trade depression as well 
as over years of boom, some features deserve mention. First, the 
extensions have frequently — indeed, it may be said usually — 
taken place at the request, or with the willing acquiescence, of 
the employers in a trade, as well as of the wage earners. What 
the employers appreciate is, as they have themselves told me, the 
very fact that the minimum wage is fixed by law and therefore 
really forced on all employers: The security that the act 
accordingly gives them against being undercut by the dishonest 
or disloyal competitors, who simply will not (in Victoria as in 
the Port of London) adhere to the common rules agreed upon by 
collective bargaining. We must notice, too, that the application 
of the law has been demanded by skilled trades as well as by 
those having no unions at all. One is tempted, indeed, to believe 
that little remains now outside its scope except the agricultural 
occupations and domestic service." 

Sidney Webb, Journal of Political Economy, December, 
1912, pages 974, 975 and 97(5. 

" It is now seen that, in carrying his successive factory acts, 
for one class after another, laying down a legal minimum for one 
condition after another of the wage contract, Lord Shaftsbury, 
like the trade unionists whom he feared, was ' building better 
than he knew.' What was at first empirical has become scientific. 
'And so the factory acts,' to use the words of the late Duke of 
Argyll, uttered as long ago as 1867, ' instead of being excused as 
exceptional, and pleaded for as justified only under extraordi- 
nary conditions, ought to be recognized as in truth the first legis- 
lative recognition of a great natural law " * * destined to 
claim for itself wider and wider application.' " 

Sidney Webb, Journal of Political Economy, December, 
1912, page 998. 



Public Policy. 97 

"A minimum wage standard is essential for the protection of* 
labor, whether it be under competitive conditions or in the em- 
ploy of a trust or municipality. We have seen that this is true 
in the case of thousands of non-English-speaking immigrants at 
Lawrence and elsewhere. The real question at issue is : Shall 
this minimum wage be established by law or by labor organiza- 
tions ? It may be best for legislation to avoid this field but, if so, 
we may look for just such conditions as have been found at Law- 
rence and Little Falls. For the most oppressed laborers, who 
are not even able to organize, it would seem that legislation 
might make a beginning." 

John R. Commons, American Labor Legislation Review, 
Vol. Ill, No. 1, page 92. 

" In Victoria and New Zealand, the only states which have 
had long enough experience with the legal minimum wage to 
judge adequately of its results, the desirability and necessity of 
its maintenance have ceased to be seriously questioned. The 
question which is chiefly discussed in Australia is whether the 
wages board system or the compulsory arbitration system is the 
best method of securing this result. In Victoria, where em- 
ployers for years waged a bitter fight against the wages board 
system, opposition on their part to the principle of the system 
seems to have died out, however serious may be their complaints 
against particular features of the act, against certain determina- 
tions of the boards, or against the administration of the act by 
the chief factory inspector's department. And, lest this favor- 
able opinion of the success of the system be thought simply the 
expression of a partisan investigator, let me say that the presi- 
dents and secretaries of the two strong employers' organizations 
in Melbourne, the Victorian Chamber of Manufactures and the 
Victorian Employers' Association, which formerly led the attack 
on the wages board system, told me that opposition on the part 
of their members to the wages board had ceased and that they 
had no wish to see the system abandoned. The same opinion was 
expressed by all the employers with whom I talked." 

M. B. Hammond, American Labor Legislation Review, 
Vol. Ill, No. 1, pages 112 and 113. 



98 Appendix III — Minimum Wage Legislation. 

" What the advocates of the minimum wage idea forget is, that 
the United States is divided into forty-eight separate, competing 
countries with widely varying conditions of employment and 
wage standards, Massachusetts being among the states which 
head the list in high wages, short hours, and favorable factory 
conditions. For any one of these high class states to set a legal 
minimum wage will be to open the door to a flood of workers 
from other states who will expect employment at higher wages. 
The immigration of aliens from Europe, unless absolutely re- 
stricted, will swell this stream of labor, and that Massachusetts 
could make headway against this inflow is inconceivable. The 
legal minimum wage will, therefore, drive the slow, the inef- 
ficient and the infirm worker out of industry altogether into 
pauperism, and no sophistical explanation that does not explain 
will overcome this objection." 

Edward F. McSweeney, American Labor Legislation 
Review, Vol. Ill, No. 1 ,page 98. 

" I wish, however, to refer to Australasian experience as afford- 
ing an answer to certain questions which have arisen in this 
morning's discussion. It has been said that a wage board would 
be unable to accomplish much, if anything, in one of our Amer- 
ican states, because to set up a living wage as a minimum in any 
industry in which interstate competition existed would result in 
driving that industry to another state. Such has not been the 
experience in Victoria, where for years the wages boards had to 
meet this same difficulty. It simply meant that interstate com- 
petition was one of the conditions which the boards had to con- 
sider in fixing wages in the industries with which they were 
dealing. Sometimes a board would be unable to fix a minimum 
as high as it would have been willing to do if the interstate com- 
petition had not existed, but this did not mean that the board 
could do nothing. For the chief service to be rendered by the 
board is the bringing up of wages to the level now maintained by 
the best employers in the trade. In spite of keen interstate com- 
petition, there are many employers in any trade or industry who, 
in the absence of any legal minimum wage, pay fair and reason- 
able wages to their employees. This was amply illustrated by 



Constitutional Aspects. 99 

the wage statistic- gathered and published by the Massachusetts 
minimum wage commission. Wages boards in Australia have 
seldom raised wages above those which the best employers in the 
trade were already paying. They have simply forced the under- 
paying employer up to this higher level." 

George G. Groat. American Labor Legislation Review, 
Vol. III. No. 1, page 111. 

CoNSTITUTIONA I. ASPECTS. 

•' It may be said in ;i genera] way that the police power extends 
to all the great public needs. It may be put forth in aid of what 
is sanctioned by usage and preponderant opinion to be greatly 
and immediately necessary to the public welfare." 
Xoble State Bank v. Haskell. 219 U. S. 104. 

" The assumption that no such proposal as that to regulate 
wages in private employments can be enforced through the courts 
is premature. It is first indispensable, however, that the Amer- 
ican people should be convinced that some action for the protec- 
tion of the American standard of living is necessary and that the 
proposed remedy is appropriate. Whereas the Illinois court of 
last resort once refused to enforce a law regulating the hours of 
labor of women, and then in the light of further reflection and a 
more thorough acquaintance with the actual conditions of employ- 
ment in the state (in the second Ritchie case) reversed its earlier 
decision, so social reformers who can prove their case for the 
minimum wage may expect equally favorable consideration from 
the courts. There is no essential difference, so far as constitu- 
tional status is concerned, between the legal regulation of the 
hours of labor and the legal regulation of wages. The constitu- 
tionality of both alike is solely a matter of producing sufficient 
evidence showing the necessity and appropriateness of the pro- 
posed legislation." 

Arthur X. Holcombe, American Economic Review, p. 29, 
1912. 

" The proposal is opposed on the ground that it is contrary to 
the spirit of American institutions and that it leads logically to 



100 Appendix III — Minimum Wage Legislation. 

socialism. That it involves a pretty complete break with the 
laissez faire theory of government is, of course, true ; but that it 
differs in anything but degree from the legal regulation of safety 
and sanitary conditions and hours of employment, I am unable 
to see. The spirit of American institutions, as interpreted by 
the Supreme Court of the United States, has proved itself suf- 
ficiently broad to embrace hour regulations for women and chil- 
dren, and even for men in hazardous employments. If the need 
and efficiency of minimum wage regulations can be demonstrated, 
I believe that they, too, will be recognized as within the scope 
of that broad power of police, through which individual liberty 
may be curbed for the sake of the common welfare. From one 
point of view, any extension of the functions of government in 
the industrial field, leads in the direction of socialism, but there 
is certainly quite as much logic in the contention that this and 
other needed social reforms tend to make outright socialism 
undesirable and unnecessary, as in the other view that the adop- 
tion of any policy that socialists happen to advocate must lead to 
socialism. Moreover, most thoughtful Americans have ceased to 
find in the phrase ' socialistic ' any very clear or convincing 
reason either for or against a proposed policy." 

Henry E. Seager, American Labor Legislation Review, 
Vol. Ill, No. 1, page 88. 

" It is too plain for argument that every maximum hours law 
prescribing less than the number of hours usually constituting 
a day's labor, when coupled with a provision for minimum pay 
not less than the current rate for a day's labor, is a minimum 
wage law pure and simple, prescribing a wage above the current 
rate for the same class of labor. Every objection, therefore, 
which can be logically or legally raised against an undisguised 
minimum wage law, can be advanced, just as logically and just as 
legally, against the usual eight-hour law." 

Malette v. City of Spokane, Supreme Court of Washing- 
ton, Pacific Reporter, February 2, 1914, page 499. 

" If it is within the power of the Legislature to regulate the 
maximum hours of labor for women employed in laundries, which 



CONSTITTTIONAL ASPECTS. 101 

service is not necessarily an occupation which in itself is detri- 
mental to health, reasoning.- by analogy it would follow as a rea- 
sonable conclusion that such regulation might be lawfully applied 
to all occupations of women, and. more certainly, the occupations 
of minors. Assuming- this proposition to be true when applied 
to the regulation of the maximum hours of labor, it would also 
be true when applied to the same class limiting the minimum 
wage, unless there is a sound reason that distinguishes the one 
from the other. 

" To make effective a law fixing maximum hours of labor, it may 
become necessary to have a law fixing a minimum wage. The 
two arc inseparably linked together. This is especially true in 
the case of the employment of women and children, for the reason 
that the occupations in which they may be usefully employed are 
necessarily limited, while the number seeking such employment is 
necessarily large. The two laws are necessary complements of 
each other, and go to the same effect, and to secure the same end. 
If the law regulating the number of hours of labor for women 
and minors is within the police power and constitutional, a law 
fixing a minimum wage is also within the police power. 

" The pin-pose of the act in limiting the maximum hours of labor 
and the minimum wage for women, is evidently the same, viz., to 
preserve and conserve their health and morals. Is the preserva- 
tion and conservation of the health and morals of women workers 
a public concern, or is it merely a matter that concerns the indi- 
viduals employed ? If the enactment is for the public health, 
peace, morality and general welfare it falls within the police 
power of the state to regulate. The complexity and intimate rela- 
tions of our present day civilization are such that there is a neces- 
sary dependency of the public welfare upon the health, morality 
and vigor of our women and children, when considered from 
physiological, sociological and moral standpoints. The women 
are and are to be the mothers of our future citizens, and the chil- 
dren of to-day will be the citizens of to-morrow and when any 
considerable number of them are employed at wages which reduce 
them to beggary or denies a sufficient compensation to preserve 
health, the insufficiency of such wages becomes a powerful factor 



102 Appendix III — Minimum Wage Legislation. 

in determining the social, moral and physical status of the body 

politic and is a matter of public concern." 

Opinion of Judge T. J. Cleeton, in the case of Frank C. 
Stettler vs. Edwin V. O'Hara, Bertha Moores, and 
Amedee M. Smith, constituting the Industrial Wel- 
fare Commission of the State of Oregon. (Oregon 
Circuit Court, County of Multnomah, November 7, 
1913. 

Law a Pijooiiessive Science and Adaptable to Xi.w 
Conditions. 

29 Wash. 602 : " Law is, or ought to be, a progressive science. 
While the principles of justice are immutable, changing condi- 
tions of society and the evolution of employment make a change 
in the application of principles absolutely necessary to an intelli- 
gent administration of government. Transportation companies 
are now restricted, where a few years ago they claimed the right 
to transact their business exactly as it suited their private 
interests. * * * " 

Slaughter House Cases, 10 Wall. 07: "Law is, to a certain 
extent, a progressive science * * * certain other classes of 
persons, particularly those engaged in dangerous or unhealthful 
occupations, have been found to be in need of additional protec- 
tion. * * * Law will be forced to adapt itself to new condi- 
tions of society, and particularly to new relations between em- 
ployers and employees as they arise." 

Brief for a Proposed Wage Law for Wisconsin, prepared 
under the direction of J. "R. Commons. 



Oregon Supreme Court Decision. 



103 



APPENDIX A. 



DECISION OF OREGON SUPREME COURT UPHOLD- 
ING MINIMUM WAGE LAW. 



In tiii. Supreme Court of the State of Oregon 
In Banc. 



Frank C. Stettler, 

Appellant^ 

vs. 

Edwin V. O'Hara, Bertha Mooreb and 
Amedee M. Smith, constituting' the In- 
dustrial Welfare Commission of the State 
of Oregon, 

Respondents. 



Affirmed March 17, 1014. 

Appeal from the Circuit Court for Multnomah county. Hon. 
T. J. Cleeton, Judge. Argued and submitted, February 9, 1914. 

STATEMENT. 

This is a suit instituted by the appellant, plaintiff below, against 
the respondents, defendants below, to restrain the defendants, who 
constitute the Industrial Welfare Commission, from enforcing a 
certain order passed by such Commission. 

The plaintiff is engaged in the manufacture of paper boxes in 
the city of Portland, and on the 10th day of September, 



104 Appendix III — Minimum Wage Legislation. 

1913, said Commission adopted an order whereby it is required 
that no person operating any manufacturing establishment in the 
city of Portland shall employ any women in such establishment 
for more than nine hours a day or employ any experienced adult 
women worker at a weekly wage of less than $8.64.(1). 

DECISION. 

On February IT, 1913, the legislative assembly passed an act 
entitled : " 

" To protect the lives and health and morals of women and 
minor workers, and to establish an Industrial Welfare Com- 
mission and define its powers and duties, and to provide for 
the fixing of minimum wages and maximum hours and stand- 
ard conditions of labor for such workers, and to provide pen- 
alties for violation of this act." 

The title is followed by a declaration of the evils that it is de- 
sired to remedy as follows: 

" Whereas, the welfare of the state of Oregon requires that 
women and minors should be protected from conditions of 
labor which have a pernicious effect on their health and 
morals, and inadequate wages and unduly long hours and un- 
sanitary conditions of labor have such a pernicious effect ; 
therefore, be it enacted by the people of the state of Oregon." 

The first section provides : 

" It shall be unlawful to employ women or minors in any 
occupation within the state of Oregon for unreasonably long 
hours; and it shall be unlawful to employ women or minors 
in any occupation within the state of Oregon under such sur- 
roundings or conditions — sanitary or otherwise — as may 
be detrimental to their health or morals; and it shall be un- 
lawful to employ women in any occupation within the state 
of Oregon for wages which are inadequate to supply the neces- 
sary cost of living, and to maintain them in health; and it 
shall be unlawful to employ minors in any occupation within 
the state of Oregon for unreasonably low wages." 

( 1 ) Taken from appellant's brief. 



Oregon Supreme Court Decision. 105 

Then follows the creation of the commission under the name of 
rhe " Industrial Welfare Commission/' to be appointed by the 
Governor, and provisions defining its duties. Section 4 provides: 

"• Said commission is hereby authorized and empowered to 
ascertain and declare, in the manner hereinafter provided, 
the following things: ( a ) Standards of hours of employment 
for women or for minors and what are unreasonably long 
hours for women or for minors in any occupation within the 
state of Oregon; (b) standards of conditions of labor for 
women or for minors in any occupation within the state of 
Oregon and what surroundings or conditions — sanitary or 
otherwise — are detrimental to the health or morals of women 
or of minors in any such occupation; (c) standards of mini- 
mum wages for women in any occupation within the state of 
Oregon and what wages are inadequate to supply the neces- 
sary cost of living to any such women workers and to main- 
tain them in good health; and (d) standards of minimum 
wages for minors in any occupation within the state of Oregon 
and what wages are unreasonably low for any such minor 
workers." 

Section 8 provides among other things that the 

" Commission may call and convene a conference for the 
purpose and with the powers of considering and inquiring 
into and reporting on the subject investigated by said commis- 
sion and submitted by it to such conference. Such conference 
shall be composed of not more than three representatives of the 
employers in said occupation and of an equal number of the 
representatives of the employees in said occupation and of 
not more than three disinterested persons representing the 
public and of one or more commissioners," 

and the duties of such conference, which shall report the result 
of its investigations with recommendations to the commission. 
Section 9 provides that upon the receipt of the report from the 
conference, and the approval of its recommendations, the commis- 
sion may make and render such order as may be proper or neces- 
sary to adopt such recommendations and to carry the same into 



106 Appendix III — Minimum Wage Legislation. 

effect and require all employers in the occupation affected thereby 
to observe and comply with such recommendations and said order. 
The act contains other provisions giving the commission and con- 
ference power and authority to investigate the matters being con- 
sidered, and that from the matters so determined by the commis- 
sion there shall be no appeal on any question of fact ; but that there 
shall be a right of appeal from the commission to the Circuit Court 
from any ruling or holding on a question of law included or em- 
lx>died in any decision or order by the commission, and from the 
Circuit Court to the Supreme Court. The defendants were duly 
appointed by the Governor as such commission. It thereafter 
called a conference as provided, which reported to the commission, 
making certain recommendations, which were approved ; and based 
upon such recommendations it made the following order: 

" The Industrial Welfare Commission of the state of Ore- 
gon hereby orders that no person, firm, corporation, or asso- 
ciation owning or operating any manufacturing establishment 
in the city of Portland, Oregon, shall employ women in said 
establishment for more than nine hours a day, or fifty* hours 
a week; or fix, allow, or permit for any woman employee in 
said establishment a noon lunch period of less than forty-five 
minutes in length; or employ any experienced adult woman 
worker, paid by time rates of payment, in said establishment 
at a weekly wage of less than $8.64, any lesser amount being 
hereby declared inadequate to supply the necessary cost of 
living to such woman factory workers and to maintain them 
in health." 

The amended complaint sets out all these matters in greater 
detail, to which the defendants demurred on various grounds, the 
first of which raises the questions here discussed, namely, that 

" it does not state facts showing that the act and order com- 
plained of is an unreasonable exercise of the police power of 
the state." 

* Should read " fifty-four " — Error in pleadings. 



Oregon Supreme ('curt Decision. ~ 107 

The demurrer was sustaineed, and the plaintiff elected to stand 

on the amended complaint. Judgment was rendered dismissing' 
the suit, and the plaintiff appeals. 

Eakin, J. : 

The purpose of this -nit is to have determined judicially whether 
either the fourteenth amendment of the federal constitution, or 
Section 20, Article I, of the Oregon Constitution is an inhibition 
against the regulation by the legislature of the hours of labor 
during which women may he employed in any mechanical or man- 
ufacturing establishment, mercantile occupation, or other employ- 
ment requiring continuous physical labor; or against the estab- 
lishment of a minimum wage to be paid therefor. Some features 
of these questions are practically new in the courts of this country. 
There have !>een some utterances by the courts of last resort to 
the effect that it is such an inhibition. Some of these cases relate 
exclusively to the limitation of the hours of employment, others 
to the wages to be paid on contracts with the state or municipality ; 
but the cases so holding are based largely on the fact that such 
regulation deprives the individual of liberty and property with- 
out due process of law, namely, that it is not within the police 
power of the state and violates the liberty of contract. The first 
case holding such a statute unconstitutional is Lochner vs. New 
York. 198 U. S. 45, Sup. Ct. 530, 40 L. Ed. 037, annotated in -'5 
Ami. Cas. 1133. A similar case is Ritchie vs. People, 155 111. 08, 
40 X. E. 454. 20 L. R. A. 79, 46 Am. St. Rep. 315. In the for- 
mer case, in the Appellate Division of the State Court two of five 
judges were in favor of upholding the law; in the Supreme Court 
of the State three of the seven judges were so minded; and in the 
United States Court four of the nine judges favored such a dis- 
position of the case. The opinions in those decisions are based 
upon different theories, showing that judicial opinion has not 
reached any settled or stable basis upon which to rest. It has only 
been during the last few years that the matter of legislation upon 
the question of the limitation of hours of labor has been agitated 
in legislative bodies or in the courts. The decisions of the courts 
have been based upon first impression and may be liable to flue- 



108 Appendix III — Minimum Wage Legislation. 

tuation from one extreme to the other before the extent of the 
power of legislation on these questions is finally settled. The en- 
try of woman into the realm of many of the employments formerly 
filled by man, in which she attempts to compete with him, i> a 
recent innovation; and it has created a condition which the legis- 
latures have deemed it their duty to investigate and to some ex- 
tent govern. It is conceded by all students of the subject, and 
they are many and their writings extensive, that woman's physical 
structure and her position in the economy of the race renders her 
incapable of competing with man either in strength or endurance. 
This is well-emphasized by Justice Brewer in Muller vs. Oregon, 
208 U. S. 412, 28 Sup. Ct. 324, 52 L. Ed. 13 Ann. Cas. 957, an 
appeal from Oregon questioning the constitutionality of the law 
fixing the maximum hours of labor for women, where he says: 

" That woman's physical structure and the performance of 
maternal functions place her at a disadvantage in the struggle 
for subsistence is obvious. This is especially true when the 
burdens of motherhood are upon her. Even when they are 
not, by abundant testimony of the medical fraternity, con- 
tinuance for a long time on her feet at work, repeating this 
from day to day, tends to injurious effects upon the body, 
and as healthy mothers are essential to vigorous offspring, the 
physical wellbeing of woman becomes an object of public 
interest and care in order to preserve the strength and vigor 
of the race. Still, again, history discloses the fact that woman 
has always been dependent upon man. He established his 
control at the outset by superior physical strength, and this 
control in various forms, with diminishing intensity, has con- 
tinued to the present. As minors, though not to the same ex- 
tent, she has been looked upon in the courts as needing es- 
pecial care that her rights may be preserved. * * :: ' Dif- 
ferentiated by these matters from the other sex, she is properly 
placed in a class by herself, and legislation designed for her 
protection may be sustained, even when like legislation is 
not necessary for men and could not be sustained. It is im- 
possible to close one's eyes to the fact that she still looks to 
her brother and depends upon him. * * * that her pbys- 



Oregon Supreme Court Decision. 109 

ical structure and a proper discharge of her maternal func- 
tions — having' in view not merely her own health, but the 
weUbeing of the race — justify legislation to protect her from 
the greed as well as the passion of man. The limitations 
which this statute places upon her contractual powers, upon 
her right to agree with her employer as to the time she shall 
labor, are not imposed solely for her benefit, but also largely 
for the benefit of all. Many words cannot make this plainer. 
•• * This difference justifies a difference in legislation 
and upholds that which is designed to compensate for some 
of the burdens which rest upon her." 

The conditions mentioned in the above ([notation lie at the foun- 
dation of all legislation attempted for the amelioration of woman's 
condition in her struggle for subsistence. In many states as well 
as in foreign countries special study and investigation have been 
given to this question as to the effect of long hours of labor and 
inadequate wages upon the health, morals, and welfare of woman, 
with a view to remedy the evil results as far as possible. There 
seems to be a very strong and growing sentiment throughout the 
land, and a demand that something must be done by law to coun- 
teract the evil effects of these conditions. In the case of Lochner 
vs. Xew York, supra, in which the constitutionality of the labor 
law of New York, limiting the hours of labor in bakeries, is ques- 
tioned J ustice Peckham wrote the opinion holding the law invalid. 
Justice Harlan tiled a dissenting opnion which should not be over- 
looked as the parts here quoted are general statements of the law 
recognized by judicial opinion and not in conflict with the main 
opinion. Justices White and Day concurred therein; Justice 
Holmes also dissenting. In that opinion it is said: 

" \Yhile this court has not attempted to mark the precise 
boundaries of what is called the police power of the state, the 
existence of the power has been uniformly recognized, 'both 
by the federal and state courts." 

In quoting from Patterson vs. Kentucky, 97 IT. S. 501, he says: 

" It (this court) has nevertheless with marked distinctness 
and uniformity, recognized the necessity, growing out of the 



110 Appendix III — Minimum Wage Legislation. 

fundamental conditions of civil society, of upholding state 
police regulations which were enacted in good faith, and had 
appropriate and direct connection with that protection of life, 
health and property which each state owes to her citizens. 
But neither the (14th) amendment — broad and comprehen- 
sive as it is — nor any other amendment was designed to in- 
terfere with the power of the state, sometimes termed its 
police power, to prescribe regulations to promote the health, 
peace, morals, education, and good order of the people. * 
Granting then that there is a liberty of contract which cannot 
be violated even under the sanction of direct legislative en- 
actment, but assuming, as according to settled law we may 
assume, that such liberty of contract is subject to such regula- 
tions as the state may reasonably prescribe for the common 
good and wellbeing of society, what are the conditions under 
which the judiciary may declare such regulations to be in 
excess of legislative authority and void ? Upon this point 
there is no room for dispute; for, the rule is universal that a 
legislative enactment, federal or state, is never to be dis- 
regarded or held invalid unless ft be, beyond question, plainly 
and palpably in excess of legislative power." 

The opinion of the justices who hold the maximum hours laws 
unconstitutional are based largely upon the fact that they violate the 
liberty of contract; holding that such acts are not within the fair 
meaning of the term " a health law," but are not an illegal inter- 
ference with the rights of the individual and are not within the 
police power of the legislature to enact. The right of the state to 
prescribe the number of hours one may work or be employed on 
public works is generally upheld for the reason that the state may 
determine for itself what shall constitute a day's work of a laborer 
on public works, which violates no individual right of property or 
liberty of contract. Penn. Bridge Co. vs. United States, 29 App. 
Cas. (I). C.) 452, 10 Ann. Gas. 720; By are vs. State, 2 Okla. 
Crim. 481, 102 Pae. 804, 22 Ann. Cas. 765; People vs. Chicago, 
256 111. 558, 100 N. E. 194, 30 Ann. Cas. 304. So it is held that 
work underground or in a smelter is unhealthy and may be regu- 
lated in ex parte Boyce, 27 Nov. 299, 75 Pae. 1, 65 L. R. A. 47, 1 



Oregon Supreme Court Decision. Ill 

Ann. Cas. 66; Holden vs. Hardy, 169 TJ. S. 366; ex parte Kair, 
28 Nov. 127, 425, 80 Pac. 463, 82 Pae. 453, 6 Ann. Cas. 893. 
In the Lochner case, supra, employment in a bakery and candy 
factory is held net to be unhealthy, and that a statute limiting the 
hours of labor therein is void. A statute fixing- the hours of labor 
for women is held valid in State vs. Muller, 48 Or. 252, 85 Pae. 
855, 12<> Am. St. Rep. 205, annotated in 11 Ann. Cas. 88, which 
case is affirmed in 208 U. S. 412 and annotated in 13 Ann. Cas. 
957. In Ritchie vs. People, supra, the law limiting hours of work 
for women was held void. However in Ritchie & Co. vs. Wayman, 
214 111. 501), 91 X. E. 695, 2 7 L. R. A. (X. S.) 994, such a law 
was held valid as within the police power of the legislature; and, 
again, in People vs. Chicago, supra, and in People vs. Elerding, 
254 111. 579, 92 X. E. 982, the law was upheld. Thus it appears 
that Illinois has wholly receded from the decision in the case of 
Ritchie vs. People, supru. and it may be now considered as estab- 
lished that a statute which limits the hours of labor of certain oc- 
culta tions or for certain classes of persons for the protection of the 
health and welfare of society is within the police power of the 
state. Commonwealth vs. Riley, 210 Mass. 387, 97 X. E. 307, 
25 Ann. Cas. 388; State vs. Somerville, 07 Wn. 038, 122 Pac. 
324. It was said in People vs. Elerding, supra, wherein a statute 
limiting the working hours per day for males was held unconstitu- 
tional as a valid exercise of the police power: 

il That under the police power of the state the general as- 
sembly may enact legislation to prohibit all things hurtful 
to the health, welfare, and safety of society, even though the 
prohibition invade the right of liberty or property of the in- 
dividual, is too well-settled to require discussion or the cita- 
tion of authority. * * * While in its last analysis it is a 
question whether an act is a proper exercise of the police 
power, it is the province of the legislature to determine when 
an exigency exists calling for the exercise of this power. When 
are legislative authority has decided an exigency exists call- 
ing for the exercise of the power and has adopted an act to 
meet the emergency, the presumption is that it is a valid en- 
actment, and the courts will sustain it unless it appears, be- 



112 Appendix III — Minimum Wage Legislation. 

yond any reasonable doubt, that it is in violation of some con- 
stitutional limitation." 

On the same subject it is said in Lochner vs. New York, supra, 
quoting from Jacobson vs. Massachusetts, 197 U. S. 11, 25 Sup. 
Ct. 358, 48 L. Ed. 643, relating to the vaccination statute, that 

kv the power of the courts to review legislative action in re- 
spect of a matter affecting the general welfare exists only 
' when that which the legislature has done comes within the 
rule that if a statute, purporting to have been enacted to pro- 
tect the public health, the public morals, or the public safety, 
has no real or substantial relation to those objects, or is be- 
yond all question a plain, palpable invasion of rights secured 
by the fundamental law.' * * * If there be doubt as to 
the validity of the statute, that doubt must therefore be re- 
solved in favor of its validity, and the courts must keep their 
hands off, leaving the legislature to meet the responsibility 
for unwise legislation." 

In re Spencer, 149 Cal. 396, 9 Ann. Cas. 1105, it is said: 

" The presumption always is that an act of the legislature 
is constitutional, and when this depends upon the existence 
or non-existence of some fact, or state of facts, the determina- 
tion thereof is primarily for the legislature, and the courts 
will acquiesce in its decision, unless the error clearly ap- 
pears." 

The legislative power of the state is not derived by grant of the 
constitution, but exists as to all subjects not inhibited by the state 
or federal constitution. 

There is only one federal inhibition urged against this statute, 

namely: 

" No state shall make or enforce any law which shall 
abridge the privi leges or immunities of the citizens of the 
United States, nor shall any state deprive any person of life, 
liberty or property without due process of law, or deny to 
any person within its jurisdiction an equal protection of the 
law." 



Oregon Supreme Court Decision. 113 

Fourteenth anieiubneiit. It may probably be conceded that the 
public welfare statute in question here violates this clause as 
abridging privileges of citizens if it cannot be justitied as a police 
measure: and we will assume, without entering' into a discussion 
of that question or citation of authorities, that provisions enacted 
by the state under its police power that have for their purpose 
the protection or betterment of the public health, morals, peace, 
and welfare, and reasonably tend to that end. are within the power 
of the state notwithstanding that they may apparently conflict with 
the fourteenth amendment of the federal constitution. 

So that the first and principal question for decision is whether 
the provisions of the act before us are within the police power of 
the state. Professor Tucker, in 8 Cyc. 863, says: 

" Police power is the name given to the inherent sovereignty 
which it is the right and duty of the government or its agents 
to exercise whenever public policy, in a broad sense, demands, 
for the benefit of society at large, regulations to guard its 
morals, safety, health, order, «u- to insure in any respect such 
economic conditions as an advancing civilization of a highly 
complex character requires." 

This is a comprehensive definition, and we will accept it with- 
out further detailed analysis or citation of authority. As will appear 
from the cases cited above w r e can accept as settled law statutes 
having for their purpose and tending to that end provision for a 
maximum hours law of labor for employees upon public works, a 
oiaximum hours law for women and children employed in mechan- 
ical, mercantile, or manufacturing establishments, a maximum 
hours law for laborers in mines or smelters, a law fixing minimum 
wages for employees upon public works. The latter is held in 
Malette vs. Spokane (Wash.) 137 Pac. 500, even where the ex- 
pense is borne by private individuals, so that the only question for 
decision here is as to the power of the legislature to fix a minimum 
wage in such a case. We use the language of Mr. Malarkey: 

" The police power, which is another name for the power of 
government, is as old and unchanging as government itself. 
If its existence be destroyed government ceases. There have 



114 Appendix III — Minimum Wage Legislation. 

been many attempts to define the police power and its scope ; 
but because of confusing the power itself with the changing 
conditions calling for its application, many definitions arc 
inexact and unsatisfactory. The courts have latterly elimi- 
nated much of this confusion by pointing out that, instead of 
the power being expanded to apply to new conditions, the new 
conditions are, as they arise, brought within the immutable 
and unchanging principles underlying the power. When new 
conditions arise which injuriously affect the health or morals 
or welfare of the public, we no longer say that we will expand 
ihe police power to reach and remedy the evil. Instead a\o 
say that a new evil has arisen which an old principle of gov- 
ment — the police power — will correct." 

If the statute tends reasonably to accomplish the purposes in- 
tended by the legislature, it should be upheld by the court. Jus- 
tice Harlan, in Jacobson vs. Massachusetts, supra, quoting from 
Viemeister vs. White, 191 IT. S. 223, states: 

"A common belief, like common knowledge, does not re- 
quire evidence to establish its existence, but may be acted 
upon without proof by the legislature and the courts. The 
fact that the belief is not universal is not controlling, for 
there is scarce any belief that is accepted by everyone. The 
possibility that the belief may be wrong, and that science 
may yet show it to be wrong, is not conclusive ; for the legis- 
lature has the right to pass laws, which, according to the 
common belief of the people, are adapted to prevent the spread 
of contagious diseases. In a free country, where the govern- 
ment is by the people, through their chosen representatives, 
practical legislation admits of no other standard of action; 
for what the people believe is for the common welfare, must 
be accepted as tending to promote the common welfare, 
whether it does in fact or not. Any other basis would con- 
flict with the spirit of the constitution, and would sanction 
measures opposed to a republican form of government. While 
we do not decide and cannot decide that vaccination is a pre- 
ventative of smallpox, we take judicial notice of the fact that 
this is the common belief of the people of the state, and with 



Oregon Supreme Court Decision. 115 

this fact as a common foundation we hold that the statute in 
question is a health law, enacted in a reasonable and proper 
exercise of the police power." 

In speaking of the Oregon ten-hour law, Chief Justice Bean, in 
the cast- of State vs. Muller, supra, says: 

" Such legislation must be taken as expressing the belief of 
the legislature, and through it of the people, that the labor of 
females in such establishments in excess of 10 hours in any 
one day is detrimental to health and injuriously affects the 
public welfare. The only question for the court is whether 
such regulation or limitation has any real or substantial rela- 
tion to the object sought to be accomplished, or whether it is so 
; utterly unreasonable and extravagant ' as to amount to a 
mere arbitrary interference with the right of contract. On 
this question we are not without authority." 

These are some of the grounds upon which maximum ten hours 
laws arc sustained, and we have cited them here as applying with 
equal force to sustain the women's minimum wage law and as 
bringing it within the police power of the legislature. The state 
should be as zealous of the morals of its citizens as of their health. 
The " whereas clause " quoted above is a statement of the facts or 
conclusions constituting the necessity for the enactment, and the 
act proceeds to make provision to remedy these causes. " Com- 
mon belief " and " common knowledge " are sufficient to make it 
palpable and beyond doubt that the employment of female labor 
as it has been conducted is highly detrimental to public morals 
and has a strong tendency to corrupt them. Elizabeth Beardsley 
Butler in her " Women of the Trades " says : 

ik Yet the fact remains that, for the vast bulk of salesgirls, 
the wages paid are not sufficient for self-support; and where 
girls do not have families to fall back on, some go under- 
nourished and some sell themselves. And the store-employ- 
ment which offers them this two-horned dilemma is replete 
with opportunities which in gradual, easy, attractive ways 
beckon to the second choice ; a situation which few employers 
not only seem to tolerate, but to encourage." 



116 Appendix III — Minimum Wage Legislation. 

The legislature of the state of Massachusetts appointed a com- 
mission known as the Commission on Minimum Wage Boards to 
investigate conditions. In the report of that commission in 
January, 1912, it said: 

" Women in general are working because of dire necessity, 
and in most cases the combined income of the family is not 
more than adequate to meet the family's cost of Hying. In 
these cases it is not optional with the woman to decline the 
low-paid employment. Every dollar added to the family in- 
come is needed to lighten the burden which the rest are car- 
rying. * * * Wherever the wages of such women are 
less than the cost of living and the reasonable provision for 
maintaining the worker in health, the industry employing her 
is in receipt of the working energy of a human being at less 
than its cost, and to that extent is parasitic. The balance 
must be made up in some way. It is generally paid by the 
industry employing the father. It is sometimes paid in part 
by the future inefficiency of the worker herself and by her 
children, and perhaps in part ultimately by charity and the 
state. * * * If an industry is permanently dependent 
for its existence on underpaid labor, its value to the Common- 
wealth is questionable." 

Many more citations might be made from the same authorities 
and from such students of the question as Miss Caroline Gleason, 
of Portland, Oregon ; Louise B. More, of Xew York ; Irene Os- 
good, of Milwaukee, and Eobert C. Chapin, of Beloit College. 
With this common belief, of which Justice Harlan says " we take 
judicial notice/' the court cannot say, beyond all question, that the 
act is a plain, palpable invasion of rights secured by the fun- 
damental law, and has no real or substantial relation to the pro- 
tection of public health, the public morals, or public welfare. 
Every argument put forward to sustain the maximum hours law 
or upon which it was established applies equally in favor of the 
constitutionality of the minimum wage law as also within the 
police power of the state and as a regulation tending to guard the 
public morals and the public health. 



Oregon Supreme Court Decision. 117 

Plaintiff by his complaint questions the law also as a violation 
of section 20, of article I, of the constitution of Oregon. As we 
understand this contention it is that the order applies to manu- 
facturing establishments in Portland alone, that other persons in 
the same business in other localities are unaffected bv it and that 
is discriminatory. The law by which plaintiff is bound is eon- 
tained in section 1 of the act quoted above. If he will, he can 
comply with this provision without any action by the commission, 
and it applies to all the state alike. The other provisions of the 
act are for the purpose of ascertaining for those who are not com- 
plying with it what are reasonable hours of labor and what is a 
reasonable wage in the various occupations and localities in the 
state to govern in the application of section 1 of the act and lor 
the purpose of fixing penalties for violations thereof. Counsel 
seem to consider the order of the commission as a law which the 
commission has been authorized to promulgate, but we do not 
understand this to be its province. Section I provides: k " Said 
commission is hereby authorized and empowered to ascertain and 
declare (a) standards of hours,'' etc. By section 8 it is only 
after investigation by the commission, and when it is of opinion 
therefrom that any substantial number of women in any occupa- 
tion are working unreasonably long hours or for inadequate wages, 
that it shall, by means of a conference, ascertain what is a reason- 
able number of hours for work and a minimum rate of wages, 
when it may make such an order as may be necessary to adopt 
such regulations as to hours of work and minimum wages; and 
section 1 of the act shall be enforced on that basis. There is 
nothing in the record suggesting that there is a substantial num- 
ber of women workers in the same occupation as those included in 
the order complained of here working unreasonably long hours or 
for an inadequate wage in any locality other than in Portland. 
Other cases as they are discovered are to be remedied as provided 
therefor, but the law is state-wide and it does not give to plaintiff 
unequal protection of the law nor grant to others privileges denied 
to him ; neither does it delegate legislative power to the commis- 
sion. Tt is authorized only to ascertain facts that will determine 
the localities, businesses, hours and washes to which the law shall 



118 Appendix III — Minimum Wage Legislation. 

apply. Counsel urges that the law upon this question interferes, 
with plaintiff's freedom of contract, and refers to the language 
used in re Jacobs, 98 A T . Y. 98, 50 Am. Kep. 636, to wit: 

" Liberty, in its broad sense as understood in this country, 
means the right, not only of freedom from actual servitude, 
imprisonment, or restraint, but the right of one to use his 
faculties in all lawful ways to live and work where he will," 

etc., as a change brought about by the larger freedom enjoyed 
in this country and guaranteed by the federal constitution and the 
constitutions of the various states in comparison with conditions 
in the earlier days of the common law, when it was found neces- 
sary to prevent extortion and oppression by royal proclamation 
and otherwise, and to establish reasonable compensation for labor ; 
but he fails to take note that by reason of this larger freedom the 
tendency is to return to the earlier conditions of long hours and 
low wages, so that some classes in some employments seem to need 
protection from the same conditions for which royal proclamation 
was found necessary. The legislature has evidently concluded that 
in certain localities these conditions pervail in Oregon ; that there 
are many women employed at inadequate wages — employment 
not secured by the agreement of the worker at satisfactory com- 
pensation, but at a wage dictated by the employer. The w r orker 
in such a case has no voice in fixing the hours or wages, or choice 
to refuse it, but must accept it or fare worse. As said in Wells vs. 
Great Northern Ry. Co., 59 Or. 165, 114 Pac. 92, 116 Pac. 1070, 
o4 L. R. A. (]ST. S.) 818, as to a baggage contract printed on the 
ticket of a passenger: 

<k In this case neither was it the subject of agreement be- 
tween the company and the carrier (passenger) but was im- 
posed by the company as a condition of the sale of the ticket, 
and in signing the ticket the plaintiff was laboring under 
such an inequality of conditions as that he was compelled to 
enter into the contract, whether he would or not." 

In the dissenting opinion in the Lockner case, supra, it is said: 

" It is plain that this statute was enacted in order to pro- 
tect the physical wellbeing of those who work in bakeries and 



Obegoi Sitkkmk Coubt Decision. 119 

confectionary establishments. It mav be that the statute had 
its origin, in part, in the belief that employers and employees 

in such establishments were not upon equal footing, and that 
the necessities of the latter often compelled them to submit 
t<» such exactions as unduly taxed their strength. Be that as 
it mav, the statute must he taken as expressing the belief of 
the people of New York that, as a general rule and in the case 
of the average man. Labor in excess of sixty hours during a 
week in such establishments may endanger health of those 
who labor." 

Counsel suggesl it i- only quite recently that it has been se- 
riously contended that the state may lawfully establish a minimum 
wage in private employments. This is undoubtedly true, and it 
may he that there is an occasion for it. The legislature seems to 
have acted on the idea that conditions have changed, or that pri- 
vate enterprises have become so crowded that their demands 
amount to unreasonable exaction- from women and children; that 
occasion has arisen for relief through its police power; and that 
it has determined the public welfare demands enactment of this 
statute. Justice Washington, in Ogden vs. Saunders, 12 Wheat. 
l'i''!>. says that the question which he has been examining is in- 
volved in difficulty and doubt. 

"but if I could rest my opinion in favor of the constitution- 
ality of the law on which the question arises on no other 
ground than this doubt so felt and acknowledged, that alone 
would in my estimation be a satisfactory vindication of it. It 
is but a decent respect due to the wisdom, the integrity and 
the patriotism of the legislative body by which any law is 
passed, to presume in favor of its validity, until its violation 
of the constitution is proved beyond all reasonable doubt." 

Plaintiff further contends that the statute is void for the reason 
that it makes the findings of the commission on all questions of 
fact conclusive, and therefore takes his property without due pro- 
cess of law; relying on the decision of Chicago, etc., Ry. Co. vs. 
Minnesota, 134 IT. S. 418, 10 Sup. Ct. Rep. 462, 33 L. Ed. 970, 
as conclusive upon that question. That case was an attack upon 



120 Appendix III — Minimum Wage Legislation. 

the law creating a railway and warehouse commission, which was 
p-eM valid by the state of Minnesota, but the United States Court 
reversed the judgment there for the reason that the law does not 
provide for a hearing by the parties affected by the order, which 
is not due process of law, and that no notice and opportunity to be 
heard is provided for, which is the principal ground upon which 
the State Court was reversed. Louisville & X. R. Co. vs. Garrett, 
34 Sup. Ct. Rep. 48, is a case very much in point, in which was 
had a hearing before the Railway Commiission of Kentucky, fix- 
ing freight rates between certain points within the state. The 
plaintiff attacked the legality of these orders because they were 
final and conclusive without right of appeal, and that by reason 
thereof plaintiff was deprived of property without due process of 
law. In deciding this question, the court said: 

" If (the law) require a hearing * * ' :: * and a de- 
termination by the commission whether the existing rates 
were excessive. But on these conditions being fulfilled, the 
questions of fact which might arise * * * would not be- 
come, as such, judicial questions to be re-examined by the 
courts. The appropriate questions for the courts would be 
whether the commission acted within the authority duly con- 
ferred." 

Thus, in the present case, plaintiff was given the right and op- 
portunity to be heard before the commission, as provided for bi- 
section 9 of the act. In the third subdivision of the opinion in 
the latter case it is held that, even though the law gives no right 
of appeal from the final findings of facts, a party aggrieved is not 
without remedy as to matters that would be the appropriate sub- 
ject of judicial inquiry, namely, if the rates fixed are confiscatory; 
but where such a board has fully and fairly investigated and fixed 
what it believes to be reasonable rates, the party affected thereby 
has not been deprived of due process of law. San Diego Land & 
Town Co. v. National City, 174 U. S. 739, 19 Sup. Ct. Rep. 804, 
43 L. Ed. 1154; Spring Valley Water Works vs. San Francisco, 
82 Cal. 286, 22 Pac. 910, 1046 ; Louisville & X. R. Co. v. Garrett, 
supra. Many other cases are cited in the briefs of defendants 



Oregon Supreme Court Decision. 121 

fully supporting their eouteutioii. Due process of law merely re- 
quires such tribunals as are proper to deal with the subject in 
hand. Reasonable notice and a fair opportunity to be heard be- 
fore some tribunal before it decides the issues are the essentials of 
due process of law. It is sufficient for the protection of his con- 
stitutional rights if he has notice and is given an opportunity at 
some state of the proceeding to be heard. Towns v. Klamath 
County, :):; Or. 225, fi:j Pac. 604. 

"We think we should be bound by the judgment of the legisla- 
ture that there is a necessity for this act, that it is within the 
police power of the state to provide for the protection of the 
health, morals and welfare of women and children, and (hat the 
law should be upheld as constitutional. 

The decree of the Circuit Court is affirmed. Mcllrule, ( !. -I., 
not sitting. 



122 Appendix III — Minimum Wage Legislation. 



APPENDIX B. 



THE AMERICAN MINIMUM WAGE LAWS. 

California. 

Laws 1913. Chapter 324. 

AN ACT regulating the employment of women and minors and 
establishing an industrial welfare commission to investigate 
and deal with such employment, including a minimum wage ; 
providing for an appropriation therefor and fixing a penalty 
for violations of this act. 

The People of the State of California do enact as follows: 

Section 1. There is hereby established a commission to be 
known as the industrial welfare commission, hereinafter called 
the commission. Said commission shall be composed of five per- 
sons, at least one of whom shall be a woman, and all of whom 
shall be appointed by the governor as follows: two for the term 
of one year, one for the term of two years, one for the term of 
three years, and one for the term of four years; provided, how- 
ever. That at the expiration of their respective terms, their suc- 
cessors shall be appointed to serve a full term of four years. 
Any vacancies shall be similarly filled for the unexpired portion 
of the term in which the vacancy shall occur. Three members of 
the commission shall constitute a quorum. A vacancy on the 
commission shall not impair the right of the remaining members 
to perforin all the duties and exercise all the powers and authority 
of the commission. 

Sec. 2. The members of said commission shall draw no 
salaries but all of said members shall be allowed ten dollars per 
diem while engaged in the performance of their official duties. 
The commission may employ a secretary, and such expert, clerical 



American Legislation — California. 123 

and other assistants as may be necessary to carry out the pur- 
poses of this act, and shall fix the compensation of such em- 
ployees, and may, also, to carry out such purposes, incur reason- 
able and necessary office and other expenses, including the neces- 
sary traveling expenses of the members of the commission, of its 
secretary, of its experts, and of its clerks and other assistants 
and employees. All employees of the commission shall hold office 
at the pleasure of the commission. 

Sec. 3. (a) It shall be the duty of the commission to ascer- 
tain the wages paid, the hours and conditions of labor and em- 
ployment in the various occupations, trades, and industries in 
which women and minors are employed in the State of Cali- 
fornia, and to make investigations into the comfort, health, safety 
and welfare of such women and minors. 

(b) It shall be the duty of every person, firm or corporation 
employing labor in this state : 

1. To furnish to the commission, at. its request, any and all 
reports or information which the commission may require to 
carry out the purposes of this act, such reports and information 
to be verified by the oath of the person, or a member of the 
firm, or the president, secretary, or manager of the corporation 
furnishing the same, if and when so requested by the commission 
or any member thereof. 

2. To allow any member of the commission, or its secretary, 
or any of its duly authorized experts or employees, free access to 
the place of business or employment of such person, firm, or cor- 
poration, for the purpose of making any investigation authorized 
by this act, or to make inspection of, or excerpts from, all books, 
reports, contracts, pay rolls, documents, or papers of such person, 
firm or corporation relating to the employment of labor and pay- 
ment therefor by such person, firm or corporation. 

3. To keep a register of the names, ages, and residence ad- 
dresses of all women and minors employed. 

(c) For the purposes of this act, a minor is defined to be a 
person of either sex under the age of eighteen years. 



124 Appendix III — Minimum Wage Legislation. 

Sec. 4. The commission may specify times to hold public 
hearings, at which times, employers, employees, or other inter- 
ested persons, may appear and give testimony as to the matter 
under consideration. The commission or any member thereof 
shall have power to subpoena witnesses and to administer oaths. 
All witnesses subpoenaed by the commission shall be paid the 
fees and mileage fixed by law in civil cases. In case of failure 
on the part of any person to comply with any order of the com- 
mission or any member thereof, or any subpoena, or upon the 
refusal of any witness to testify to any matter regarding which 
he may lawfully be interrogated before any wage board or the 
commission, it shall be the duty of the superior court or the judge 
thereof, on the application of a member of the commission, to 
compel obedience in the same manner, by contempt proceedings 
or otherwise, that such obedience would be compelled in a pro- 
ceeding pending before said court. The commission shall have 
power to make and enforce reasonable and proper rules of prac- 
tice and procedure and shall not be bound by the technical rules 
of evidence. 

Sec. 5. If, after investigation, the commission is of the opin- 
ion that, in any occupation, trade, or industry, the wages paid to 
women and minors are inadequate to supply the cost of proper 
living, or the hours or conditions of labor are prejudicial to the 
health, morals or welfare of the workers, the commission may call 
a conference, hereinafter called " wage board ", composed of an 
equal number of representatives of employers and employees in 
the occupation, trade, or industry in question, and a representa- 
tive of the commission to be designated by it, who shall act as the 
chairman of the wage board. The members of such wage board 
shall be allowed five dollars per diem and necessary traveling 
expenses while engaged in such conferences. The commission 
shall make rules and regulations governing the number and selec- 
tion of the members and the mode of procedure of such wage 
board, and shall exercise exclusive jurisdiction over all questions 
arising as to the validity of the procedure and of the recommenda- 
tions of such wage board. The proceedings and deliberations of 
such wage board shall be made a matter of record for the use of 



American Legislation — California. 125 

the commission, and shall be admissible as evidence in any pro- 
ceedings before the commission. On request of the commission, 
it shall be the duty of such wage board to report to the commis- 
sion its findings, including therein : 

1. An estimate of the minimum wage adequate to supply to 
women and minors engaged in the occupation, trade or industry 
in question, the necessary cost of proper living and to maintain 
the health and welfare of such women and minors. 

2. The number of hours of work per day in the occupation, 
trade or industry in question, consistent with the health and wel- 
fare of such women and minors. 

3. The standard conditions of labor in the occupation, trade 
or industry in question, demanded by the health and welfare of 
such women and minors. 

Sec. 6. (a) The commission shall have further power after 
a public hearing had upon its own motion or upon petition, to 
fix: 

1. A minimum wage to be paid to women and minors en- 
gaged in any occupation, trade or industry in this state, which 
shall not be less than a wage adequate to supply to such women 
and minors the necessary cost of proper living and to maintain 
the health and welfare of such women and minors. 

2. The maximum hours of work consistent with the health 
and welfare of women and minors engaged in any occupation, 
trade or industry in this state; provided, That the hours so fixed 
shall not be more than the maximum now or hereafter fixed by 
law. 

3. The standard conditions of labor demanded by the health 
and welfare of the women and minors engaged in any occupation, 
trade or industry in this state. 

(b) Upon the fixing of a time and place for the holding of a 
hearing for the purpose of considering and acting upon any mat- 
ters referred to in subsection (a) hereof, the commission shall 
give public notice by advertisement in at least one newspaper 



126 Appendix III — Minimum Wage Legislation. 

published in each of the cities of Los Angeles and Sacramento 
and in the city and county of San Francisco, and by mailing a 
copy of said notice to the county recorder of each county in the 
state, of such hearing and purpose thereof, which notice shall state 
the time and place fixed for such hearing which shall not be earlier 
than fourteen days from the date of publication and mailing of 
such notices. 

(c) After such public hearing, the commission may, in its 
discretion, make a mandatory order to be effective in sixty days 
from the making of such order, specifying the minimum wage 
for women or minors in the occupation in question, the maximum 
hours ; provided, That the hours specified shall not be more than 
the maximum for women or minors in California, and the stan- 
dard conditions of labor for said women or minors; provided, 
however, That no such order shall become effective until after 
April 1, 1914. Such order shall be published in at least one 
newspaper in each of the cities of Los Angeles and Sacramento 
and in the city and county of San Francisco, and a copy thereof 
be mailed to the county recorder of each county in the state, and 
such copy shall be recorded without charge, and to the labor com- 
missioner who shall send by mail, so far as practicable, to each 
employer in the occupation in question, a copy of the order, and 
each employer shall be required to post a copy of such order in 
the building in which women or minors affected by the order are 
employed. Failure to mail notice to the employer shall not re- 
lieve the employer from the duty to comply with such order. 
Finding by the commission that there has been such publication 
and mailing to county recorders shall be conclusive as to service. 

Sec. 7. Whenever wages, or hours, or conditions of labor 
have been so made mandatory in any occupation, trade or indus- 
try, the commission may at any time in its discretion, upon its 
own motion or upon petition of either employers or employees, 
after a public hearing held upon the notice prescribed for an 
original hearing, rescind, alter or amend any prior order. Any 
order rescinding a prior order shall have the same effect, as herein 
provided for in an original order. 



American Legislation — California. 127 

Si.. . 8. For any occupation in which a minimum wage has 
established, the commission may issue to a woman physically 
defective by age or otherwise, a special license authorizing the 
employment of such licensee, for a period of six months, for a 
wage less than such legal minimum wage; and the commission 
shall fix a special minimum wage fur such person. Any such 
iay he renewed for like periods of six months. 

. '.». Cpon the request of the commission, the labor com- 
missioner shall cause such statistics ami other data and informa- 
tion to be gathered, ami investigations made, as the commission 
may require. The cost thereof -hall he paid out of the appropri- 
ations made I'm- the expenses of the commission. 

. 10. Any employer who discharges, <>v threatens to dis- 
charge, or in any other manner discriminates against any em- 
ployee because such employee ha- te-titied or is about to testify, 
or because such employer believes that said employee may testify 
in any investigation, or proceedings relative to the enforcement 
of this act, shall be deemed guilty of a misdemeanor. 

S i ."11. The minimum wage for women and minors fixed by 
said commission as in this acl provided, shall be the minimum 
wage to be paid to such employees, and the payment to such 
employees of a less wage than the minimum so fixed shall be 
unlawful, and every employer or other person who, either indi- 
vidually or as an officer, agent, or employee of a corporation or 
other person, pays or causes to be paid to any such employee a 
wage less than such minimum, shall be guilty of a misdemeanor, 
and upon conviction thereof shall be punished by a fine of not less 
than fifty dollars, or by imprisonment for not less than thirty 
days, or by both such fine and imprisonment. 

Sec. 12. In every prosecution for the violation of any pro- 
vision of this act, the minimum wage established by the commis- 
sion as herein provided shall be prima facie presumed to be 
reasonable and lawful, and to be the living wage required herein 
to be paid to women and minors. The findings of fact made by 
the commission acting within its powers shall, in the absence of 



128 Appendix III — Minimum Wage Legislation. 

fraud, be conclusive ; and the determination made by the com- 
mission shall be subject to review only in a manner and upon the 
grounds following: within twenty days from the date of the 
determination, any party aggrieved thereby may commence in the 
superior court in and for the city and county of San Francisco, 
or in and for the counties of Los Angeles or Sacramento, an 
action against the commission for review of such determination. 
In such action a complaint, which shall state the grounds upon 
which a review is sought, shall be served with the summons. 
Service upon the secretary of the commission, or any member of 
the commission, shall be deemed a complete service. The com- 
mission shall serve its answer within twenty days after the ser- 
vice of the complaint. With its answer, the commission shall 
make a return to the court of all documents and papers on file in 
the matter, and of all testimony and evidence which may have 
been taken before it, and of its findings and the determination. 
The action may thereupon be brought on for hearing before the 
court upon such record by either party on ten days' notice of the 
other. Upon such hearing, the court may confirm or set aside 
such determination ; but the same shall be set aside only upon 
the following grounds : 

(1) That the commission acted without or in excess of its 
powers. 

(2) That the determination was procured by fraud. 

Upon the setting aside of any determination the court may 
recommit the controversy and remand the record in the case to 
the commission for further proceedings. The commission, or any 
party aggrieved, by a decree entered upon the review of a deter- 
mination, may appeal therefrom within the time and in the man- 
ner provided for an appeal from the orders of the said superior 
court. 

Sec. 13. Any employee receiving less than the legal mini- 
mum wage applicable to such employee shall be entitled to recover 
in a civil action the unpaid balance of the full amount of such 
minimum wage, together with costs of suit, notwithstanding any 
agreement to work for such lesser wage. 



American Legislation — California. 129 

.14. Any person may register with the commission a 

complaint that the wages paid to an employee for whom a living 
rate has been established, are less than that rate, and the com- 
mission shall investigate the matter and take all proceedings 
:v to enforce the payment of a wage not less than the 
living wage. 

Sec. 15. The commission shall biennially make a report to 
the governor ami the state legislature of its investigations and 
proceed ings. 

Sec. 16. There is hereby appropriated annually out of the 
moneys of the state treasury, not otherwise appropriated, the sum 
of fifteen thousand dollars, to be tised by the commission in 
carrying out the provisions of this act, and the controller is 
hereby directed from time to time to draw his warrants on the 
general fund in favor of the commission for the amounts ex- 
pended under its direction, and the treasurer i< hereby author- 
ized and directed to pay the same. 

Sec. 17. The commission shall not act as a board of arbitra- 
tion during a strike or lock-out. 

Sec. 18. (a) Whenever this act. or any part or section 
thereof, is interpreted by a court, it shall he liberally construed 
by such court. 

(&) If any section, subsection, or subdivision of this act is 
for any reason held to be unconstitutional, such decision shall 
not affect the validity of the remaining portions of this act. The 
legislature hereby declares that it would have passed this act, 
and each section, subsection, subdivision, sentence, clause and 
phrase thereof, irrespective of the fact that any one or more sec- 
tions, subsections, subdivisions, sentences, clauses or phrases is 
declared unconstitutional. 

Sec. 19. The provisions of this act shall apply to and include 
women and minors employed in any occupation, trade or indus- 
try, and whose compensation for labor is measured by time, piece 
or otherwise. 

[Approved May 26, 1913.] 



100 Aitexdix III — Minimum Wage Legislation. 

Colorado. 

Laws 1913. Chapter 110. 

AN ACT providing for the determination of minimum wages for 
women and minors. 

Be it enacted by the General Assembly of the State of Colorado: 

Sectiox 1. There is hereby created a state wage board to be 
composed of three members ; at least one of whom shall be a rep- 
resentative of labor, at least, one of whom shall be a woman and 
one of whom shall be an employer of labor. The members of 
said board shall be appointed by the governor, immediately upon 
the taking effect of this act and the term of existence of said 
board shall be for two years. 

Sec. 2. It shall be the duty of the wage board to inquire into 
the wages paid to female employes above the age of eighteen 
years and minor employes under eighteen years of age in any 
mercantile, manufacturing, laundry, hotel, restaurant, telephone 
or telegraph business in this state, if the board or any member 
of it may have reason to believe the wages paid any such em- 
ployes are inadequate to supply the necessary cost of living, 
maintain them in health, and supply the necessary comforts of 
life. The wage board shall also inquire into the cost of living 
in the locality or localities in which the business is carried on and 
shall take into consideration the financial condition of the busi- 
ness and the probable effect thereon of any increase in the mini- 
mum wage paid in different localities, which inquiry and investi- 
gation shall be held in the locality affected. After such investi- 
gation it shall be the duty of the wage board to fix the minimum 
wage, whether by time rate or piece rate, suitable for the female 
employes over eighteen years of age in such business or in any 
or all of the branches thereof and also a suitable minimum wage 
for minors under eighteen years of age employed in the said 
business. When two or more members of the wage board shall 
agree upon a minimum wage determination, the board shall aive 
public notice, by advertisement published once in a newspaper of 
general circulation in the county or counties in which any such 



American Legislation — Colorado. 131 

business so affected is located, declaring such minimum wage 
determination or determinations and giving notice of a public 
hearing thereon to be heard in the town or city nearest the place 
wherein the inadequate wage is found to exist : said hearing- to 
be held not earlier than thirty days from the date of such publi- 
cation. A ropy of such notice shall also be mailed to the person, 
association or corporation engaged in the business affected. After 
such public hearing or after the expiration of the thirty day-, 
provided no public hearing i< demanded, the wage board shall 
issue an obligatory order to be effective in sixty days from the 
date of said order, specifying the minimum wages for women or 
minors or both in the occupation affected, or any branch thereof, 
and after such order is effective, it shall be unlawful for any 
employer in said occupation To employ a female over eighteen 
year- of age or a minor under eighteen years <d' age for less than 
the rate of wages specified for such female or minor. The order 
shall be published once in a newspaper of general circulation in 
the county or counties in which any such business affected is 
located and a copy of the order shall be sent by mail to the per- 
son, association or corporation engaged in said business; and each 
such employer shall be required to p-.-r a ropy of said order in a 
conspicuous place in each building in which women or minors 
affected by the order are employed. 

Sf.c. 3. The board shall, for the purposes of this act, have 
the power to subpoena witnes<e> and compel their attendance, to 
administer oaths, and examine witnesses under oath, and to com- 
pel the production of papers, books, accounts, documents and 
records. If any person shall fail to attend as a witness when 
subpoenaed by the board or shall refuse to testify when ordered 
so to do, the board may apply to any district court 01 county court 
to compel obedience on the part of such person and such district 
or county court shall thereupon compel obedience by proceedings 
for contempt as in case of disobedience of any order of said court. 

Sec, 4. Each witness who shall appear before the board by 
order of the board shall receive for his attendance the fees and 
mileage now provided for witnesses in civil cases in the district 
courts of the state. 



132 Appendix III — Minimum Wage Legislation. 

Sec. 5. A full and complete record shall be kept of all testi- 
mony taken by, and of all proceedings had before the board. 

Sec. 6. Any employer, employe or other person directly 
affected by any order of the board fixing and determining a mini- 
mum wage in any occupation or industry, shall have the right 
of appeal from such order to the district court of the state on the 
ground that such order is unlawful or unreasonable. The evi- 
dence considered upon such appeal shall be confined to the evi- 
dence presented to the board in the case from the decision in 
which the appeal is taken, and the order of the board shall re- 
main in full force and effect until such order is reversed or set 
aside by the district court. In all proceedings in the district 
court the district attorney shall appear for the board. In all 
proceedings in the supreme court the attorney-general shall 
appear for the board. 

Sec. 7. Any person or partnership or corporation employing 
any female person above the age of eighteen years at less than 
the minimum wage fixed for such persons by this board, and any 
person, partnership or corporation employing any person of either 
sex under the age of eighteen years at less than the minimum 
wage fixed for such persons by this board, or violating any other 
provision of this act shall be deemed guilty of a misdemeanor 
and shall, upon conviction thereof, be punished by a fine of not 
more than one hundred dollars for each offense, or by imprison- 
ment in the county jail for not more than three months or by 
both fine and imprisonment. 

Sec. 8. Any employer who discharges or in any other man- 
ner discriminates against any employe because such employe has 
testified, or is about to testify, or because such employer believes 
that said employe may testify, in any investigation or proceed- 
ing relative to the enforcement of this act, shall be deemed guilty 
of a misdemeanor and, upon conviction thereof, shall be punished 
by a fine of twenty-five dollars for each such misdemeanor. 

Sec. 9. Justices of the Peace shall have, according to law. 
jurisdiction within their respective counties of all offenses aris- 
ing under the provisions of this act. 



American Legislation — Colorado. L33 

Sec. 10. .If any employe shall receive less than the minimum 
wage fixed by this hoard for employes in the occupation in which 
Baid person is employed, he or she shall be entitled to recover in 
a civil action, the full amount which would have been due said 
employe if the minimum wane fixed by the hoard had been paid, 
tog-ether with costs and attorney fees to be fixed by the court, 
notwithstanding any agreement to work for such lower wage. In 
such action, however, the employer shall be credited with any 
wages which have been paid said employe. 

Sec. 11. For any occupation in which a minimum time rate 
only ha- been established, the wage hoard may issue to any female 
over the age of eighteen, physically defective, a special license 
authorizing the employment of such licensee for a wane less than 
the legal minimum wage; Provided, it is not less than the special 
minimum wage fixed for said person. 

Sec. 12. The wage hoard shall, by ami with the consent of 
the governor, appoint a secretary who may. or may not he a mem- 
ber of the board, and who shall give hi- entire time to the duties 
of the office, whose salary shall he twelve hundred dollars 
($1,200.00) per annum, payable monthly. The members of said 
wage board and the secretary thereof -hall he paid all necessary 
traveling and incidental expense- actually incurred in the per- 
formance of their official duties, not to exceed thirteen hundred 
dollars ($1,300.00) per annum. The board of capitol managers 
shall provide a suitable room for the use of said wage board and 
its secretary. There is hereby appropriated for the payment of 
the aforesaid salary and expenses, out of any moneys in the state 
treasury not otherwise appropriated for other ordinary expenses 
of the departments of the state, the sum of five thousand dol- 
lars ($5,000.00) ; and the auditor of the state is hereby author- 
ized and directed to draw his warrants on said fund upon 
certified vouchers of the chairman of said board attested by its 
secretary. 

Sec. 13. The board shall, within thirty days after the con- 
vening of the twentieth general assembly, make a report to the 
governor and to the general assemblv, of its investigations and 



134 ArpEXDix III — Minimum Wage Legislation. 

proceedings during the period of its existence, up to and includ- 
ing November 30, 1914. 

Sec. 14. All acts or parts of acts in conflict with any of the 
provisions of this act are hereby repealed. 

[Approved May 14. 1913, at 10.15 a. m,] 

Massachusetts. 

Laws 1912. Chapter 700. 

(As amended by Chapters 673 and 330. Laws of 1913.) 

AX ACT to establish the minimum wage commission and to 
provide for the determination of minimum wages for women 
and minors. 

Be it enacted, etc., as follows: 

Sectiox 1. There is hereby established a commission to be 
known as the Minimum Wage Commission. It shall consist of 
three persons, one of whom may be a woman, to be appointed by 
the governor, with the advice and consent of the council. One 
of the commissioners shall be designated by the governor as chair- 
man. The first appointments shall be made within ninety days 
after the passage of this act, one for a term ending October first, 
nineteen hundred and thirteen, one for a term ending October 
first, nineteen hundred and fourteen, and one for a term ending 
October first, nineteen hundred and fifteen : and beginning with 
the year nineteen hundred and thirteen, one member shall be 
appointed annually for the the term of three years from the first 
day of October and until his successor is qualified. Any vacancy 
that may occur shall be filled in like manner for the unexpired 
part of the term. 

Sec. 2. Each commissioner shall be paid ten dollars for each 
day's service, in addition to the traveling and other expense< in- 
curred in the performance of his official duties. The commission 
may appoint a secretary, who shall be the executive officer of the 
board and to whose appointment the rules of the civil service com- 
mission shall not apply. It shall determine his salary, subject 



Americas Legisiattos — Massachusetts. 135 

to the approval of the governor and council. The commission 

may incur other necessary expenses not exceeding the annual 

: -nation therefor, and shall be provided with an office in the 

bouse or in some other suitable building in the city of 

S . 3. It shall be the duty of the commission Lo inquire into 
tin- wages paid to the female employees in any occupation in the 
commonwealth, if the commission has reason to believe that the 

_ - paid to a substantial number of such employees are inade- 
quate to supply the necessary cost of living and to maintain the 
worker in health. 

3ec. 4. If after such investigation the commission is of the 
opinion that in the occupation in question the wages paid to a 
substantial number of female employees are inadequate to supply 
the necessary cost of living and to maintain the worker iu health, 
the commission shall establish a wage board consisting of not less 
than six representatives of employer- in the occupation in ques- 
tion and of an equal number of persons to represent the female 
employees in said occupation, and of one or more di-interested 
persons appointed by tin- commission to represent the public, but 
the representatives of the public shall not exceed one-half of the 
number of representatives of either of the other parties. The 
commission shall designate the chairman from among the repre- 
sentatives of the public, and shall make rules and regulations 
governing the selection of members and the modes of procedure 
of the boards, and shall exercise exclusive jurisdiction over all 
questions arising with reference to the validity of the procedure 
and of the determinations of the boards. The members of w r age 
boards shall be compensated at the same rate as jurors ; they shall 
be allowed the necessary traveling and clerical expenses incurred 
in the performance of their duties, these payments to be made 
from the appropriation for the expenses of the commission. 

Sec. 5. The commission may transmit to each wage board all 
pertinent information in its possession relative to the wages paid 
in the occupation in question. Each wage board shall take into 
consideration the needs of the employees, the financial condition 



130 Appendix III — Minimum Wage Legislation. 

of the occupation and the probable effect thereon of any increase 
in the minimum wages paid, and shall endeavor to determine the 
minimum wage, whether by time rate or piece rate, suitable for a 
female employee of ordinary ability in the occupation in ques- 
tion, or for any or all of the branches thereof, and also suitable 
minimum wages for learners and apprentices and for minors 
below the age of eighteen years. When a majority of the mem- 
bers of a wage board shall agree upon minimum wage determina- 
tions, they shall report such determinations to the commission, 
together with the reasons therefor and the facts relating thereto. 

Sec. (3. Upon receipt of a report from a wage board, the com- 
mission shall review the same, and may approve any or all of the 
determinations recommended, or may disapprove any or all of 
them, or may recommit the subject to the same or to a new wage 
board. If the commission approves any or all of the determina- 
tions of the wage board it shall, after not less than fourteen days' 
notice to employers paying a wage less than the minimum wage 
approved, give a public hearing to such employers, and if, after 
such public hearing, the commission finally approves the deter- 
mination, it shall enter a decree of its findings and note thereon 
the names of employers, so far as they may be known to the com- 
mission, who fail or refuse to accept such minimum wage and to 
agree to abide by it. The commission shall thereafter publish in 
at least one newspaper in each county of the commonwealth a 
summary of its findings and of its recommendations. It shall 
also at such times and in such manner as it shall deem advisable 
publish the facts, as it may find them to be, as to the acceptance 
of its recommendations by the employers engaged in the industry 
to which any of its recommendations relate, and may publish the 
names of employers whom it finds to be following or refusing to 
follow such recommendations. An employer who files a declara- 
tion under oath in the supreme judicial court or the superior 
court to the effect that compliance with the recommendation of 
the commission would render it impossible for him to conduct his 
business at a reasonable profit shall be entitled to a review of said 
recommendation by the court under the rules of equity procedure. 
The burden of proving the averments of said declaration shall he 



Amkkican Legislation — Massachusetts. 137 

upon the complainant. If, after such review, the court shall rind 
the averments of the declaration to be sustained, it may issue an 
order restraining the commission from publishing the name of 
the complainant as one who refuses to comply with the recom- 
mendations of the commission. But such review, or any order 
issued by the court thereupon, shall not be an adjudication affect- 
ing the commission as to any employer other than the complain- 
ant, and shall in no way affect the right of the commission to 
publish the names of those employers who do comply with its 
recommendations. The type in which the employers' names shall 
be printed shall not be -mailer than that in which the news matter 
of the paper i- printed. The publication shall be attested by the 
signature of at least a majority of the commission. 

Sec. 7. In case a wage board -hall make a recommendation 
of a wage determination in which a majority but less than two- 
thirds of the members concur, the commission, in its discretion, 
may report such recommendation and the pertinent facts relating 
thereto to the general court. 

Sec. 8. Whenever a minimum wage rate has been established 
in any occupation, the commission may, upon petition of either 
employers or employees, reconvene the wage board or establish 
a new wage board, and any recommendation made by such board 
shall be dealt with in the same manner as the original recom- 
mendation of a wage board. 

Sec. 9. For any occupation in which a minimum time rate 
only has been established, the commission may issue to any 
woman physically defective a special license authorizing the em- 
ployment of the licensee for a wage less than the legal minimum 
wage; provided. That it is not less than the special minimum 
wage fixed for that person. 

Sec. 10. The commission may at any time inquire into the 
wages paid to minors in any occupation in which the majority of 
employees are minors, and may, after giving public hearings, 
determine minimum wages suitable for such minors. When the 
commission has made such a determination, it may proceed in the 



138 Appendix III — Mlkimijm Wage Legislation. • 

same manner as if the determination had been recommended to 
the commission by a wage board. 

Sec. 11. Every employer of women and minors shall keep a 
register of the names, addresses and occupations of all women 
and minors employed by him and shall, on request of the com- 
mission or of the director of the bureau of statistics, permit the 
commission or any of its members or agents, or the director of the 
bureau of statistics or any duly accredited agent of said bureau, 
to inspect the said register and to examine such parts of the books 
and records of employers as relate to the wages paid to women 
and minors. The commission shall also have power to subpoena 
witnesses, administer oaths and take testimony. Such witnesses 
shall be summoned in the same manner and be paid from the 
treasury of the commonwealth the same fees a- witnesses before 
the superior court. 

Sec. 12. Upon request of the commission, the director of the 
bureau of statistics shall cause such statistics and other data to be 
gathered as the commission may require, and the cost thereof 
shall be paid out of the appropriation made for the expenses of 
the commission. 

Sec. 12'. Any employer who discharges or in any other man- 
ner discriminates against any employee because such employee 
has testified, or is about to testify, or because the employer be- 
lieves that the employee may testify, in any investigation or pro- 
ceeding relative to the enforcement of this act, shall be deemed 
guilty of a misdemeanor, and upon conviction thereof shall be 
punished by a fine of not less than two hundred dollars, and not 
more than one thousand dollars for each offence. 

Sec. 14. The commission shall from time to time determine 
whether employers in each occupation investigated are obeying 
its decrees, and shall publish in the manner provided in section 
six, the name of any employer whom it finds to be violating any 
such decree. 

Sec. 15. Any newspaper refusing or neglecting to publish 
the findings, decrees or notices of the commission at its regular 



Americas Legislation — Minnesota. 139 

rates for the space taken shall, upon conviction thereof, be 
punished by a line of not less than one hundred dollars for each 
offence. 

Sec. 16. Xo member of the commission and no newspaper 
publisher, proprietor, editor or employee thereof, shall be liable 
to an action for damages for publishing the name of any employer 
in accordance with the provisions of this act, unless sueh publica- 
tion contains some wilful misrepresentation. 

Sec. 17. The commission shall, annually, on or before the 
first Wednesday in January, make a report to the general court 
of its investigations and proceedings during the preceding year. 

Sec. IS. This act shall take effect on the first day of duly in 
the year nineteen hundred and thirteen. 

[Approved June 4. 1012.] 

Minnesota. 

Laws 1913. Chapter :>47. 

AX ACT to establish a minimum wage commission, and to pro- 
vide for the determination and establishment of minimum 
wages for women and minors. 

Be it enacted by the Legislature of the State of Minnesota: 

Section 1. There is hereby established a commission to be 
known as the minimum wage commission. It shall consist of 
three persons, one of whom shall be the commissioner of labor who 
shall be the chairman of the commission, the governor shall 
appoint two others, one of whom shall be an employer of women, 
and the third shall be a woman, who shall act as secretary of the 
commission. The first appointments shall be made within sixty 
days after the passage of this act for a term ending January 1, 
1915. Beginning with the year 1915 the appointments shall be 
for two years from the first day of January and until their suc- 
cessors qualify. Any vacancy that may occur shall be filled in 
like manner for the unexpired portion of the term. 

Sec. 2. The commission may at its discretion investigate the 
wages paid to women and minors in any occupations in the state. 



140 Appendix III — Minimum Wage Legislation. 

At the request of not less than one hundred persons engaged in 
any occupation in which women and minors are employed, the 
commission shall forthwith make such investigation as herein 
provided. 

Sec. 3. Every employer of women and minors shall keep a 
register of the names and addresses of, and wages paid to all 
women and minors employed by him, together with number of 
hours that they are employed per day or per week; and every such 
employer shall on request permit the commission or any of its 
members or agents to inspect such register. 

Sec. 4. The commission shall specify times to hold public 
hearings at which employers, employes, or other interested per- 
sons may appear and give testimony as to wages, profits and other 
pertinent conditions of the occupation or indusrty. The commis- 
sion or any member thereof shall have power to subpoena wit- 
nesses, to administer oaths, and to compel the production of 
books, papers, and other evidence. Witnesses subpoenaed by the 
commission may be allowed such compensation for travel and 
attendance as the commission may deem reasonable, to an amount 
not exceeding the usual mileage and per diem allowed by our 
courts in civil cases. 

Sec. 5. If after investigation of any occupation the commis- 
sion is of opinion that the wages paid to one-sixth or more of the 
women or minors employed therein are less than living wages, the 
commission shall forthwith proceed to establish legal minimum 
rates of wages for said occupation, as hereinafter described and 
provided. 

Sec. 6. The commission shall determine the minimum wages 
sufficient for living wages for women and minors of ordinary 
ability, and also the minimum wages sufficient for living wages 
for learners and apprentices. The commission shall then issue 
an order, to be effective thirty days thereafter, making the wages 
thus determined the minimum wages in said occupation through- 
out the state, or within any area of the state if differences in the. 
cost of living warrant this restriction. A copy of said order shall 
be mailed, so far as practicable, to each employer affected ; and 



American Legislation — Minnesota. 141 

each such employer shall be required to post such a reasonable 
number of copies as the commission may determine in each build- 
ing or other work-place in which affected workers are employed. 
The original order shall be filed with the commissioner id' labor. 

Sec. 7. The commission may at it- discretion establish in 
any occupation an advisory board which shall serve without pay, 
consisting of not less than three nor more than ten persons repre- 
senting employer-, and an equal number of persons representing 
the workers in said occupation, and of one or more disinterested 
persons appointed by the commission to represent the public; 
but the number of representatives of the public shall not exceed 
the number of representative- of either of the other parties. At 
least one-fifth of the membership id' any advisory board -hall be 
composed of women, and at least one of the representatives of 
the public shall be a woman. The commission -hall make rules 
and regulations governing the selection of members and the 
modes of procedure of the advisory boards, and -hall exercise 
exclusive jurisdiction over all questions arising with reference 
to the validity of the procedure and determination of said boards. 
Provided: that the selection of members representing employers 
and employes shall be. so far as practicable, through election by 
employer- and employes respectively. 

Sec. S. Each advisory board shall have the same power as 
the commission to subpoena witnesses, administer oaths, and com- 
pel the production of books, papers and other evidence. Wit- 
nesses subpoenaed by an advisory board shall be allowed the same 
compensation as when subpoenaed by the commission. Each ad- 
visory board shall recommend to the commission an estimate of 
the minimum wages, whether by time rate or by piece rate, suf- 
ficient for living wages for women and minors of ordinary ability, 
and an estimate of the minimum wages sufficient for living wages 
for learners and apprentices. A majority of the entire member- 
ship of an advisory board shall be necessary and sufficient to 
recommend wage estimates to the commission. 

Sec. 9. Upon receipt of such estimates of wages from an 
advisory board, the commission shall review the same, and if it 



112 Appendix III — Minimum Wage Legislation. 

approves them shall make them the minimum wages in said occu- 
pation, as provided in section 6. Such wages shall be regarded 
as determined by the commission itself and the order of the com- 
mission putting them into effect shall have the same force and 
authority as though the wages were determined without the assist- 
ance of an advisory board. 

Sec. 10. All rates of wages ordered by the commission shall 
remain in force until new rates are determined and established 
by the commission. At the request of approximately one-fourth 
of the employers or employes in an occupation, the commission 
must reconsider the rates already established therein and may, if 
it sees fit, order new rates of minimum wages for said occupation. 
The commission may likewise reconsider old rates and order new 
minimum rates on its own initiative. 

Sec. 11. For any occupation in which a minimum time rate 
of wages only has been ordered the commission may issue to a 
woman physically defective a special license authorizing her em- 
ployment at a wage less than the general minimum ordered in 
said occupation: and the commission may fix a special wage for 
such person. Provided : that the number of such persons shall 
not exceed one-tenth of the whole number of workers in any 
establishment. 

Sec. 12. Every employer in any occupation is hereby pro- 
hibited from employing any worker at less than the living wage 
or minimum wage as defined in this act and determined in an 
order of the commission: and it shall be unlawful for any em- 
ployer to employ any worker at less than said living or minimum 
wage. 

Sec. 13. It shall likewise be unlawful for any employer to 
discharge or in any manner discriminate against any employe 
because such employe has testified, or is about to testify, or 
because such employer believes that said employe is about to 
testify, in any investigation or proceeding relative to the enforce- 
ment of this act. 



American Legislation — Minnesota. 143 

S . 14. Any worker who receives less Than the minimum 
wage ordered by the commission shall be entitled to recover in 
civil action the full amount due as measured by said order of the 
commission, together with costs and attorney's fees to be fixed by 
the court, notwithstanding any agreement to work for a lesser 
wage. 

Sec. 15. The commission shall enforce the provisions of this 

act. and determine all questions arising thereunder, except as 
otherwise herein provided. 

Sec. 16. The commission shall biennially make a report of 
its W ork to the governor and the state legislature, and such re- 
ports -hall be printed and distributed as in the case of other 
executive documents. 

Sec. 17. The members of the commission shall lie reimbursed 
for traveling and other necessary expenses incurred in the per- 
formance of their duties on the commission. The woman member 
shall receive a salary of eighteen hundred dollars annually for 
her work as secretary. All claims of the commission for expenses 
necessarily incurred in the administration of this act, hut not 
exceeding the annual appropriation hereinafter provided, shall 
be presented to the state auditor for payment by warrant upon 
the state treasurer. 

Sec. 18. There is appropriated out of any money in the state 
treasury not otherwise appropriated for the fiscal year ending 
July 31, 1914, the sum of five thousand dollars $(5,000.00), and 
for the fiscal year ending July 31, 1015, the sum of five thousand 
dollars ($5,000.00). 

Sec. 19. Any employer violating any of the provisions of this 
act shall be deemed guilty of a misdemeanor and upon conviction 
thereof shall be punished for each offense by a fine of not less 
than ten nor more than fifty dollars or by imprisonment for not 
less than ten nor more than sixty days. 

Sec. 20. Throughout this act the following words and 
phrases, as used herein, shall be considered to have the following 



144 Appendix III — Minimum Walk Legislation. 

meanings respectively, unless the context clearly indicates a dif- 
ferent meaning in the connection used: 

(1) The terms " living wage" or " living wages " shall mean 
wages sufficient to maintain the worker in health and supply him 
with the necessary comforts and conditions of reasonable life ; 
and where the words " minimum wage " or " minimum wages " 
are used in this act, the same shall be deemed to have the same 
meaning as " living wage " or " living wages." 

(2) The terms "rate" or "rates" shall mean rate or rates 
of wages. 

(3) The term "commission" shall mean the minimum wage 
commission. 

(4) The term " woman " shall mean a person of the female 
sex eighteen years of age or over. 

(5) The term "minor" shall mean a male person under the 
age of twenty-one years, or a female person under the age of 
eighteen years. 

(6) The terms "learner" and "apprentice" may mean 
either a woman or a minor. 

(7) The terms "worker" or "employe" may mean a 
woman, a minor, a learner, or an apprentice, who is employe. 1 for 
wages. 

(8) The term "occupation" shall mean any business, indus- 
try, trade, or branch of a trade, in which women or minors arc 
employed. 

Sec. 20. This act shall take effect and be in force from and 
after its passage. 

[Approved April 26, 1913.] 



American Legislation — Nebraska.. 145 

Nebraska. 

Laws 1913. Chapter 211. 

AN ACT to establish a minimum wage commission and to pro- 
vide for the determination of minimum wages for women 
and Illinois. 

Be it enacted by the People of the State of Nebraska: 

Section 1. There is hereby established a commission to be 
known as the Nebraska minimum wage commission. The gov- 
ernor is hereby made a member of said commission. Within 
thirty days from the passage and approval of this act he shall 
appoint the following additional members: deputy commissioner 
of labor, a member of the political science department of the Uni- 
versity of Xebraska, one other member who shall be a citizen of 
the state. At least one member of said commission shall be a 
woman. Eaeli of the above appointments shall be for a period. 
of two years and may be renewed thereafter. Any vacancy 
occurring in the commission -hall be filled by the governor. 
"Within ten days after such appointment the commission shall 
meet and organize by the election of a chairman and secretary. 

Sec. 2. Each commissioner shall be paid all traveling and 
other expenses incurred in the performance of his or her official 
duties. The commission may incur other necessary expenses not 
exceeding the biennial appropriation therefor and shall be pro- 
vided with an office in the state house or at the state university. 

Sec. 3. It shall be the duty of the commission to inquire into 
the wages paid to the female employees in any occupation in the 
commonwealth, if the commission has reason to believe that the 
wages paid to a substantial number of such employees are inade- 
quate to supply the necessary cost of living and to maintain the 
worker in health. 

Sec. 4. If after such investigation the commission is of the 
opinion that in the occupation in question the wages paid to a 
substantial number of female employees are inadequate to supply 
the necessary cost of living and to maintain the worker in health, 
the commission shall establish a wage board consisting of not less 



140 Appendix III — Minimum Wage Legislation. 

than three representatives of employers in the occupation in 
question and of an equal number of persons to represent the 
female employees in said occupation, and in addition thereto the 
three appointed members of the commission to represent the 
public. The chairman of the commission shall be chairman of 
the wage board and shall make rules and regulations governing 
the procedure of the board and exercise jurisdiction over all 
questions arising with reference to the validity of the procedure 
and the determinations of the board. The secretary of the com- 
mission shall be secretary of the wage board and keep such record 
of hearings and arguments as the wage board shall direct. The 
members of wage boards shall be compensated at the same rate aa 
jurors in district court; they shall be allowed necessary traveling 
and other expenses incurred in the performance of their duties, 
these payments to be made from the appropriation for the 
expenses of the commission. 

Sec. 5. The commission may transmit to each wage board all 
pertinent information in its possession relative to the wages paid 
in the occupation in question. Each wage board shall take into 
consideration the needs of the employees, the financial condition 
of the occupation and the probable effect thereon of any increase 
in the minimum wages pa-id, and shall endeavor to determine the 
minimum wage, whether by time rate or piece rate, suitable for a 
female employee of ordinary ability in the occupation in ques- 
tion, or for any or all of the branches thereof, and also suitable 
minimum wages for learners and apprentices and for minors 
below the age of eighteen years. When two-thirds the members 
of the wage board shall agree upon minimum wage determina- 
tions, they shall report such determinations to the commission, 
together with the reasons therefor and the facts relating thereto. 
and also the names, so far as they can be ascertained by the board, 
of employers who pay less than the minimum wage so determined. 

Sec. G. Upon receipt of a report from the wage board, the 
commission shall review the same, and report its review to the 
governor. If the commission approves any or all of the deter- 
minations of the wage board it shall, after not less than thirty 
days' notice to employers paying a wage less than the minimum 



American Legislation — Nebbasea. 147 

approved, give a public hearing to such employers 1 , and if, 
after such public hearing the commission finally approves the 
determination, it shall enter a decree of its findings and note 
thereon the names of employers, so far as they may be known to 
the commission, who fail or refuse to accept such minimum wage 
and tu agree to abide by it. The commission shall, within thirty 
days thereafter, publish the names of all such employers in at 
least one newspaper in each county in the commonwealth, to- 
gether with the material part of its findings, and a statement of 
the minimum wages paid by every such employer. Any employer 
upon filing a declaration under oath in the district court to the 

thai compliance with such decree would endanger the pros- 
perity of the business to which the same is made applicable, shall 
be entitled to a Stay of execution of such decree, and a review 
thereof with reference to the question involved in such declara- 
tion. Such review shall be made by the courl under the rules of 
equity procedure, and if it shall lie found by the court that com- 
pliance with such decree is likely to endanger the prosperity of 
the business to which the same is applicable, then an order shall 
issue from -aid court revoking the same. The type in which the 
employers' name- shall be printed shall not lie -mailer than that 
in which the news matter of the paper is printed. The publica- 
tion shall be attested by the signature of at least a majority of the 
commission. 

Sec. 7. In ease a wage board shall make a recommendation of 
a wage determination in which a majority but less than two- 
thirds of the members concur, the commission, in its discretion, 
may report such recommendation and the pertinent facts relating 
thereto to the legislature. 

Sec. 8. Whenever a minimum wage rate has been established 
in any occupation, the commission may, upon petition of either 
employers or employees, reconvene the wage board or establish a 
new wage board, and any recommendation made by such board 
shall be dealt with in the same manner as the original recom- 
mendation of a wage board. 

Sec. 9. For any occupation in which a minimum time rate 
only has been established, the commission may issue to- any 



148 Appendix III — Minimum Wage Legislation. 

woman physically defective a special license authorizing the 
employment of the licensee for a wage less than the legal minimum 
wage: Provided, that it is not less than the special minimum 
wage fixed for that person. 

Sec. 10. The commission may at any time inquire into the 
wages paid to minors in any occupation in which the majority of 
employees are minors, and may, after giving public hearings, 
determine minimum wages suitable for such minors. When the 
commission has made such a determination, it may proceed in 
the same manner as if the determination had been recommended 
to the commission by the wage board. 

Sec. 11. Every employer of women and minors shall keep a 
register of the names and addresses of all women and minors 
employed by him, and shall on request permit the commission oi 
any of its members or agents to inspect the register. The com- 
mission shall also have power to subpoena witnesses, administer 
oaths and take testimony, and to examine such parts of the 1 ! >" k8 
and records of employers as relate to the wages paid to women 
and minors. Such witnesses shall be summoned in the same man- 
ner and be paid from the treasury of the commonwealth the same 
fees as witnesses before the District Court. 

Sec. 12. The commission may cause such statistics and other 
data to be gathered as it. may deem desirable, and the cost thereof 
shall be paid out of the appropriation made for the expenses of 
the commission. 

Sec. 13. Any employer who discharges or in any other man- 
ner discriminates against any employee because such employee 
has testified, or is about to testify, or because the employer be- 
lieves that the employee may testify, in any investigation or pro- 
ceeding relative to the enforcement of this act, shall be deemed 
guilty of a misdemeanor, and upon conviction thereof shall be 
punished by a fine of twenty-five dollars for each offense. 

Sec. 14. The commission shall from time to time determine 
whether employers in each occupation investigated are obeying 
its decrees, and shall publish in the manner provided in section 



Americas Legislation — Oregon. 140 

six. the name of any employer whom it finds to be violating any 
Buch decree. 

Sec. 15. Any newspaper publisher or publishers refusing or 
neglecting- to publish the findings, decrees or notices of the com- 
mission ar its regular rates for the space taken shall, upon convic- 
tion thereof, be punished by a fine of not less than one hundred 
dollars for each offense. 

S C 16. Xo member of the commission and no newspaper 

publisher, proprietor, editor or employee thereof, shall be liable 

to an action for damages for publishing the name of any employer 

in accordance with the provisions of this act. unless such publica- 

ontains some wilful misrepresentation. 

Sec. 17. The commission shall make a report to the governor 
mi or before the 1-r day of November, 1914, and biennially there- 
. covering the results secured and data gathered in its work. 
It may also make such additional reports in the form of bulletina 
from time to time as in its judgment shall best serve the public 
interest. 

[Approved. April 21, 1013.] 

Oregon. 

Laws IOL'3. Chapter G2. 

AS ACT to protect the lives and health and morals of women and 
minor workers, and to establish an Industrial Welfare Com- 
mission and define its powers and duties, and to provide for 
the fixing of minimum wages and maximum hours and 
standard conditions of labor for such workers, and to provide 
penalties for violation of this act. 

Whereas, The welfare of the State of Oregon requires that 
women and minors should be protected from conditions of 
labor which have a pernicious effect on their health and 
morals, and inadequate wages and unduly long hours and 
unsanitary conditions of labor have such a pernicious effect ; 
therefore 

Be it enacted hy the People of the State of Oregon: 



150 Appendix III — Minimum Wage Legislation. 

Section 1. It shall be unlawful to employ women or minors 
in any occupation within the State of Oregon for un reasonably 
long hours; and it shall be unlawful to employ women or minors 
in any occupation within the State of Oregon under such sur- 
roundings or conditions — sanitary or otherwise — as may be 
detrimental to their health or morals; and it shall be unlawful 
to employ women in any occupation within the State of Oregon 
for wages which are inadequate to supply the necessary cost of 
living and to maintain them in health ; and it shall be unlawful 
to employ minors in any occupation within the State of Oregon 
for unreasonably low wages. 

Sec. 2. There is hereby created a commission composed of 
three commissioners, which shall be known as the " Industrial 
Welfare Commission " ; and the word " commission " as herein- 
after used refers to and means said Industrial Welfare Commis- 
sion ; and the word " commissioner " as hereinafter used refers 
to and means a member of said Industrial Welfare Commission. 
Said commissioners shall be appointed by the governor. The gov- 
ernor shall make his first appointments hereunder within thirty 
days after this bill becomes a law; and of the three commissioners 
first appointed, one shall hold office until January 1, 1914, and 
another shall hold office until January 1, 1915, and the third 
shall hold office until January 1, 1916; and the governor shall 
designate the terms of each of said three first appointees. On or 
before the first day of January of each year, beginning with the 
year 1911, the governor shall appoint a commissioner to succeed 
the commissioner whose term expires on said first day of Jan- 
uary; and such new appointee shall hold office for the term of 
three years from said first day of January. Each commissioner 
shall hold office until his successor is appointed and has qualified ; 
and any vacancy that may occur in the membership of said com- 
mission shall be filled by appointment by the governor for the 
unexpired portion of the term in which such vacancy occurs. A 
majority of said commissioners shall constitute a quorum to 
transact business, and the act or decision of such a majority shall 
be deemed the act or decision of said commission ; and no 
vacancy shall impair the right of the remaining commissioners to 



American Legislation — Oregon. 151 

exercise all the powers of said commission. The governor shall, 
bo far as practicable, so select and appoint .-aid commissioners — 
Loth the original appointments ami all subsequent appointments — 
ihar at all times one of said commissioners shall represent the 
interests of the employing class and ma- of said commissioners 
shall represent the interests of the employed class and the third 
i commissioners shall be one who will be fair and impartial 
:i employers and employees and work for the best interests 
of the public ;i< a whole. 

Sec. •'!. The first commissioners appointed under this act 
shall, within twenty day- after their appointment, meet and 
organize said commission by electing one of their number as 
chairman thereof and by choosing a secretary of said commission ; 
and by or before the tenth day of January of each year, beginning 
with the year 1014. said commissioners -hall elect a chairman 
ami choose a secretary for the ensuing year. Each such chair- 
man and each such secretary -hall hold hi- or her position until 
his or her successor is elected or chosen; but said commission may 
at. any time remove any secretary ehosen hereunder. Said secre- 
tary shall not he a commissioner; ami said secretary shall per- 
form such duties a- may he prescribed and receive such salary as 
may be fixed by said commission. 35Tone of said commissioners 
shall receive any salary as such. All authorized and necessary 
expenses of said commission and all authorized and necessary 
expenditures incurred by said commission shall he audited and 
paid as other state expenses and expenditures are audited and 
paid. 

Sec. 4. Said commission is hereby authorized and empowered 
to ascertain and declare, in the manner hereinafter provided, the 
following things: (a) Standards of hours of employment for 
women or for minors and what are unreasonably long hours for 
women or for minors in any occupation within the State of 
Oregon ; (b) Standards of conditions of labor for women or for 
minors in any occupation within the State of Oregon and what 
surroundings or conditions — sanitary or otherwise — are detri- 
mental to the health or morals of women or of minors in any 
such occupation ; (c) Standards of minimum wages for women 



152 Appendix III — Minimum Wage Legislation. 

in any occupation within the State of Oregon and what wages are 
inadequate to supply the necessary cost of living to any such 
women workers and to maintain them in good health; and (d) 
Standards of minimum wages for minors in any occupation 
within the State of Oregon and what wages are unreasonably low 
for any such minor workers. 

Sec. 5. Said commission shall have full power and authority 
to investigate and ascertain the wages and the hours of labor and 
the conditions of labor of women and minors in the different 
occupations in which they are employed in the State of Oregon; 
and said commission shall have full power and authority, either 
through any authorized representative or any commissioner to 
inspect and examine any and all books and pay rolls and other 
records of any employer of women or minors that in any way 
appertain to or have a bearing upon the question of wages or hours 
of labor or conditions of labor of any such women workers or 
minor workers in any of said occupations and to require from any 
such employer full and true statements of the wages paid to. and 
the hours of labor of, and the conditions of labor of all women 
and minors in his employment. 

Sec. 6. Every employer of women or minors shall keep a 
register of the names of all women and all minors employed by 
him, and shall, on request, permit any commissioner or any 
authorized representative of said commission to inspect and 
examine such register. The word " minor " as used in this act, 
refers to and means any person of either sex under the ag 
eighteen years; and the word "women", as used in this 
refers to and means a female person of, or over, the age of 
eighteen years. 

Sec. 7. Said commission may hold meetings for the transac- 
tion of any of its business at such times and place- as it may 
prescribe; and said commission may hold public hearings at such 
times and places as it deems fit and proper for the purp< 
investigating any of the matters it is authorized to investigate by 
this act. At any such public hearing any person interested in the 
matter being investigated may appear and testify. Said com- 



American Legislation — Obegon. 153 

mission shall have power to subpoena and compel the attendance 
of any witness at any such public hearing or at any session of any 
conference called and held as hereinafter provided; and any com- 
missioner shall have power to administer an oath to any witness 
who testifies at any such public hearing or at any such session of 
any conference. All witnesses subpoenaed by said commission 
-hall be paid the same mileage and per diem as are allowed by 
law to witnesses in civil cases before the circuit courl of 
Multnomah county. 

Sec. S. If, after investigation, said commission is of opinion 
that any substantial number of women workers in any occupation 
are working for unreasonably long hours or are working under 

surroundings or conditions detrimental to their health or morals 
or arc receiving wages inadequate to supply them with the neces- 
sary cost of living and maintain them in health, said commission 
may call and convene a conference for the purpose and with the 
powers of considering and inquiring into and reporting on the 
subjeel investigated by said commission and submitted by it to 
such conference. Such conference shall be composed of not more 
than three representatives of the employers in said occupation 
and of an equal number of the representatives of the employees in 
said occupation and of not more than three disinterested persons 
representing the public and of one or more commissioners. Said 
commission shall name and appoint all the members of such con- 
ference and designate the chairman thereof. Said commission 
shall present to such conference all information and evidence in 
the possession or under the control of said commission which 
relates to the subject of the inquiry by such conference; and said 
commission shall cause to be brought before such conference any 
witnesses whose testimony said commission deems material to the 
subject of the inquiry by such conference. After completing its 
consideration of and inquiry into the subject submitted to it by 
said commission,, such conference shall make and transmit to said 
commission a report containing the findings and recommendations 
of such conference on said subject. Accordingly as the subject 
submitted to it may require, such conference shall, in its report, 
make recommendations on any or all of the following questions 



15-A Appendix III — Minimum Wage Legislation. 

concerning the particular occupation under inquiry, to-wit : 
(a ) Standards of hours of employment for women workers and 
what are unreasonably long hours of employment for women 
workers; (b) Standards of conditions of labor for women 
workers and what surroundings or conditions — sanitary or other- 
wise — are detrimental to the health or morals of women 
workers; (c) Standards of. minimum wages for women workers 
and what wages are inadequate to supply the necessary cost of 
living to women workers and maintain them in health. In its 
recommendations on a question of wages such conference shall. 
where it appears that any substantial number of women workers 
in the occupation under inquiry are being paid by piece rate- as 
distinguished from time rate recommend minimum piece rates 
as well as a minimum time rate and recommend such minimum 
piece rates as will, in its judgment, be adequate to supply the 
necessary cost of living to women workers of average ordinary 
ability and maintain them in health; and in its recommendations 
on a question of wages such conference shall, when it appears 
proper or necessary, recommend suitable minimum wage< for 
learners and apprentices and the maximum length of time any 
woman worker may be kept at such wages as a learner or appren- 
tice, which said warges shall be less than the regular minimum 
wages recommended for the regular women workers in the occu- 
pation under inquiry. Two-thirds of the member-' of any such 
conference shall constitute a quorum ; and the decision or recom- 
mendation or report of such a two-thirds on any subject submitted 
shall be deemed the decision or recommendations or report of such 
conference. 

Sec. \\ Upon receipt of any report from any conference, .-aid 
commission shall consider and review the recommendations con- 
tained in said report; and said commission may approve any or 
all of said recommendations or disapprove any or all of said 
recommendations ; and said commission may re-snbmit to the 
same conference, or a new conference, any subject covered by any 
recommendations so disapproved. If said commission approves 
any recommendations contained in any report from any confer- 
ence, said commission shall publish notice, not less than once a 



Amebicau Lf.gislatiox — Oi;i:oo.\. 155 

week for four successive weeks in not less than two newspapers 
of general circulation published in Mulcnomala county, that it will 
en a date and at a place named in said notice, hold a public meet- 
ing at whieh all persons in favor of or opposed to said recom- 
mendations will be given a hearing; ami. alter said publication 
of said notice and said meeting, said commission may, in its dis- 
cretion, make and render sueh an order as may be proper or neces- 
sary to adopt such recommendations and carry the same into 
effect, and require all employers in the occupation affected thereby 
to observe and comply with such recommendations and -aid order. 
Said order shall become effective in sixty days after it is made 
and rendered and shall be in full force and effect on and after 
the sixtieth day following it- making and rendition. After said 
order becomes effective and while it is effective, it shall be unlaw- 
ful for any employer to violate or disregard any of the terms or 
provisions of said order or to employ any woman worker in any 
occupation covered by -aid order for longer hours or under dif- 
ferent surroundings or conditions or at lower wages than are 
authorized or permitted by said order. Said commission shall, 
as far as is practicable, mail a copy of any sueh order to every 
employer affected thereby; and every employer affected by any 
such order shall keep a copy thereof posted in a conspicuous place 
in each room in his establishment in which women workers work. 
Xo such order of said commission shall authorize or permit the 
employment of any woman for more hours per day or per week 
than the maximum now fixed by law. 

Sec. 10. For any occupation in which only a minimum time 
rate wage has been established, said commission may issue to a 
woman physically defective or crippled by age or otherwise, a 
special license authorizing her employment at such wage less than 
said minimum time rate wage as shall be fixed by said commis- 
sion and stated in said license. 

Sec. 11. Said commission may at any time inquire into wages 
or hours or conditions of labor of minors employed in any occu- 
pation in this state and determine suitable wages and hours and 
conditions of labor for such minors. When said commission has 
made such determination, it may issue an obligatory order in the 



156 Appendix III — Minimum Wage Legislation. 

maimer provided for in section 9 of this act ; and, after such order 
is effective, it shall be unlawful for any employer in said occu- 
pation to employ a minor at less wages or for mure hours or 
under different conditions of labor than are specified or required 
in or by said order; but no such order of said commission shall 
authorize or permit the employment of any minor for more hours 
per day or per week than the maximum now fixed by law or at 
any times or under any conditions now prohibited by law. 

Sec. 12. The word " occupation " as used in this act shall be 
so construed as to include any and every vocation and pursuit 
and trade and industry. Any conference may make a separate 
inquiry into and report on any branch of any occupation ; and 
said commission may make a separate order affecting any branch 
of any occupation. Any conference may make different recom- 
mendations and said commission may make different orders for 
the same occupation in different localities in the state when, in 
the judgment of such conference or said commission, different 
conditions in different localities justify such different recom- 
mendations or different orders. 

Sec. 13. Said commission shall, from time to time, investi- 
gate and ascertain whether or not employers in the State of 
Oregon are observing and complying with its orders and take 
such steps as may be necessary to have prosecuted such employers 
as are not observing or complying with its orders. 

Sec. 14. The " Commissioner of Labor Statistics and In- 
spector of Factories and Work Shops " and the several officers of 
the " Board of Inspection of Child Labor " shall, at any and all 
times, give to said commission any information or statistics in 
their respective offices that would assist said commission in carry- 
ing out this act and render such assistance to said commission as 
may not be inconsistent with the performance of their respective 
official duties. 

Sec. 15. Said commission is hereby authorized and em- 
powered to prepare and adopt and promulgate rules and regula- 
tions for the carrying into effect of the foregoing provisions of 



American Legislation — Oeegobt. 15? 

this act. including rules and regulations for the selection of mem- 
bers and the mode of procedure of conferences. 

. 16. All questions of fact arising under the foregoing 
provisions of this act shall, except as otherwise herein provided, 
be determined by said commission, and there shall be no appeal 
from the decision of said commission on any such question of 
fact; but there shall be a right of appeal from said commission 
to the circuit court of the State of Oregon for Multnomah county 
from any ruling or holding on a question of law included in or 
embodied in any decision or order of said commission, and. on the 
same question of law, from said circuit court to the Supreme 
Court of the State of Oregon. In all such appeals the attorney- 
general shall appear for and represent said commission. 

Sec. 17. Any person who violates any of the foregoing pro- 
visions of this act shall be deemed guilty of a mi-demeanor, and 
upon conviction thereof shall be punished by a fine of no1 less 
than twenty-five ($25) dollars nor more than one hundred 
I $100) dollars, or by imprisonment in the county jail for not less 
than ten days nor more than three months, or by both such fine 
and imprisonment in the discretion of the court. 

Sec. 18. Any employer who discharges or in any other man- 
ner discriminates against any employee because such employee 
has testified, or is about to testify, or because such employer be- 
lieves that said employee may testify, in any investigation or pro- 
ceedings under or relative to this act, shall be deemed guilty of a 
misdemeanor, and upon conviction thereof shall be punished by 
a fine of not less than twenty-five ($25) dollars nor more than one 
hundred ($100) dollars. 

Sec. 19. If any woman worker shall be paid by her employer 
less than the minimum wage to which she is entitled under or by 
virtue of an order of said commission, she may recover in a civil 
action the full amount of her said minimum wage less any 
amount actually paid to her by said employer, together with such 
attorney's fees as may be allowed by the court; and any agree- 
ment for her to work for less than such minimum wage shall be 
no defense to such action. 



158 Appendix III — Minimum Wage Legislation. 

Sec. 20. Said commission shall, on or before the 1st day of 
January of the year 1915 and of each second year thereafter, 
make a succinct report to the governor and legislature of its work 
and the proceedings under this act during the preceding tw« 
years. 

Sec. 21. There is hereby appropriated out of the general 
fund of the State of Oregon the sum of thirty-five hundred 
($3,500) dollars per annum, or so much thereof as may be neces- 
sary per annum, to carry into effect the provisions of this act and 
to pay the expenses and expenditures authorized by or incurred 
under this act. 

[Filed in the office of the Secretary of State, February 17. 
1913.] 

Utah. 

Laws 1913. Chapter 63. 

AX ACT to establish a minimum wage for female workers, pro- 
viding a penalty for violation of the provisions of this act 
and providing for its enforcement. 

Be it enacted by the Legislature of the State of Utah: 

Section 1. It shall be unlawful for any regular employer of 
female workers in the State of Utah to pay any female less than 
the wage in this section specified, to-wit: 

For minors, under the age of eighteen years, not less than 
seventy-five cents per day; for adult learners and apprentices not 
less than ninety cents per day; Provided, that the learning period 
or apprenticeship shall not extend for more than one year: for 
adults who are experienced in the work they are employed to per- 
form, not less than one dollar and twenty-five cents per day. 

Sec. 2. All regular employers of female workers shall give a 
certificate of apprenticeship for time served to all apprentice-. 

Sec. 3. Any regular employer of female workers who shall 
pay to any female less than the wage specified in section 1 of this 
act shall be guilty of a misdemeanor. 



American Legislation — Washington. 159 

. [. The Commissioner of Immigration, Labor and Sta- 

shall have general charge of the enforcement of this act, 

but violations of the same shall be prosecuted by all the city, 

and county prosecuting officers in the same manner as in 
other rase- of misdemeanor. 

Approved March 1 8, 1 913. | 

Was m SGTON. 

Laws L913. Chapter 174. 

AX ACT to protect the lives, health, morals of women and 
minors, workers, establishing an industrial welfare commis- 
sion for women and minors, prescribing its powers and 
duties, and providing for the fixing of minimum wages and 
the standard condition of Labor for such workers, and pro- 
viding penalties for violation of the -nine, and making an 
appropriation therefor. 

Be if enacted by the Legislature of the State of Washington: 

Section 1. The welfare of the State of Washington demands 

thar women and minors be protected from conditions of labor 
which have a pernicious effect on their health and morals. The 
State of Washington, therefore, exercising herein its police and 
-n power declares that inadequate wages and unsanitary 
conditions of labor exert such pernicious effect. 

Sec. 2. It shall he unlawful to employ women or minors in 
any industry or occupation within the State of Washington under 
conditions of labor detrimental to their health or morals ; and it 
shall l>e unlawful to employ women workers in any industry 
within the State of Washington at wages which are not adequate 
for their maintenance. 

Sec. 3. There is hereby created a commission to be known as 
the " Industrial Welfare Commission " for the State of Washing- 
ton, to establish such standards of wages and conditions of labor 
for women and minors employed within the State of Washington, 
as shall be held hereunder to be reasonable and not detrimental 



IrrKNDix 



III — Minimum Wage Legislation. 



to health and morals, and which shall be sufficient for the decenl 
maintenance of women. 

Sec. 4. Said commission shall be composed of five persons, 
four of whom shall be appointed by the governor, as follows: 
The first appointments shall be made within thirty ( 30 ) days 
after this act takes effect; one for the term ending January 1st, 
1914; one for the term ending January 1st, 1915; one for the 
term ending January 1st, 1916, and one for the term ending 
January 1st, 1917: Provided, however, That at the expiration 
of their respective terms, their successors shall be appointed by 
the governor to serve a full term of four years. Xo person shall 
be eligible to appointment as a commissioner hereunder who is, 
or shall have been at any time within five years prior to the date 
of such appointment, a member of any manufacturers or em- 
ployers association or of any labor union. The governor shall 
have the power of removal for cause. Any vacancies shall be 
filled by the governor for the unexpired portion of the term in 
which the vacancy shall occur. The commissioner of labor of the 
State of Washington shall be ex officio member of the commis- 
sion. Three members of the commission shall constitute a 
quorum at all regular meetings and public hearings. 

Sec. 5. The members of said commission shall draw no 
salaries. The commission may employ a secretary, whose salary 
shall be paid out of the moneys hereinafter appropriated. All 
claims for expenses incurred by the commission shall, after 
approval by the commission, be passed to the state auditor for 
audit and payment. 

Sec. (3. It shall be the duty of the commission to ascertain 
the wages and conditions of labor of women and minors in the 
various occupations, trades and industries in which said women 
and minors are employed in the State of Washington. To thi< 
end, said commission shall have full power and authority to call 
for statements and to examine, either through its members or 
other authorized representatives, all books, pay rolls or other 
records of all persons, firms and corporations employing females 
or minors as to any matters that would have a bearing upon the 
question of wages of labor or conditions of labor of said employes. 






American Legislation — Washington. 161 

Sec. 7. Every employer of women and minors shall keep a 
record of the names of all women and minors employed by him, 
and shall on request permit the commission or any of its members 
< r authorized representatives t<> inspect such record. 

Sec. s . For the purposes of this act a minor is defined to be 
a person of either sex under the age of eighteen ( IS) year-. 

Sec. '.'. The commission shall specify times to hold public 
hearings, at which times employers, employes or ether interested 
persons may appear and give testimony as t<> the matter under 
consideration. The commission shall have power to subpoena 
witnesses and to administer oaths. All witnesses subpoenaed by 
the commission -hall he paid the same mileage and per diem 
allowed by law for witnesses before the superior court in civil 

Sec. 10. If, after investigation, the commission shall find that 
in any occupation, trade or industry, the wages paid to female 
employes are inadequate to supply them accessary cost of living 
and to maintain the workers in health, or that the conditions of 
labor are prejudicial to the health or morals of the workers, the 
commission i> empowered to call a conference composed of an 
equal number of representatives of employers and employes in 
the occupation or industry in question, together with one or more 
disinterested persons representing- the public ; but the representa- 
tives of the public shall not exceed the number of representatives 
of either of the other parties ; and a member of the commission 
shall be a member of such conference and chairman thereof. The 
commission shall make rules and regulations governing the selec- 
tion of representatives and the mode of procedure of said confer- 
ence, and shall exercise exclusive jurisdiction over all questions 
arising as to the validity of the procedure and of the recommenda- 
tions of said conference. On request of the commission, it shall 
be the duty of the conference to recommend to the commission 
an estimate of the minimum wage adequate in the occupation or 
industry in question to supply the necessary cost of living, and 
maintain the workers in health, and to recommend standards of 
conditions of labor demanded for the health and morals of the 



102 Appendix III — Minimum Walk Legislation. 

employes. The findings and recommendations of the conference 
shall be made a matter of record for the use of the commission. 

Sec. 11. Upon the receipt of such recommendations from a 
conference, the commission shall review the same and may 
approve any or all of such recommendations, or it may disapprove 
any or all of them and re-commit the subject or the recommenda- 
tions disapproved of to the same or a new conference. After such 
approval of the recommendations of a conference the commission 
shall issue an obligatory order to be effective in sixty ( 60 ) days 
from the date of said order, or if the commission shall find that 
unusual conditions necessitate a longer period, then it shall fix a 
later date, specifying the minimum wage for women in the occu- 
pation affected, and the standard conditions of labor for said 
women ; and after such order is effective, it shall be unlawful for 
any employer in said occupation to employ women over eighteen 
(18) years of age for less than the rate of wages, or under condi- 
tions of labor prohibited for women in the said occupation. The 
commission shall send by mail, so far as practicable, to each 
employer in the occupation in question a copy of the order, and 
each employer shall be required to post a copy of said order in 
each room in which women affected by the order are employed. 
When such commission shall specify a minimum wage hereunder 
the same shall not be changed for one year from the date when 
such minimum wage is so fixed. 

Sec. 12. Whenever wages or standard conditions of labor 
have been made mandatory in any occupation, upon petition of 
either employers or employes, the commission may at its discre- 
tion re-open the question and re-convene the former conference 
or call a new one, and any recommendations made by such e« in- 
ference shall be dealt with in the same maimer as the original 
recommendations of a conference. 

Sec. 13. For any occupation in which a minimum rate has 
been established, the commission through its secretary may issue 
to a woman physically defective or crippled by age or otherwise, 
or to any apprentice in such class of employment or occupation as 
usually requires to be learned by apprentices, a special license 



Amsbicas Legislation — Washington. 1< ;;1 > 

authorizing the employment of such licensee for a wage less than 
the legal minimum wage; and the commission shall fix the mini- 
mum wage for said person, such special license to be issued only 
in such rases as the commission may decide the same is applied 
for in good faith and that such license for apprentices shall be in 
force for such length of time as the said commission shall decide 
and determine is proper. 

. 14. The commission may at any time inquire into wages, 
and conditions of labor of minors, employed in any occupation in 
rhe state and may determine wages and conditions of labor suit- 
able for such minors. When the commission has made such deter- 
mination in rhe cases of minors ir may proceed to issue an obliga- 
tory order in rhe manner provided for in section 11 of this act, 
and after such order i< effective if shall be unlawful for any em- 
ployer in said occupation to employ a minor for less wages than 
is specified for minors in said occupation, or under conditions of 
labor prohibited by the commission for said minors in its order. 

Sec. 15. Upon the request of the commission the commis- 
sioner of labor of the State of Washington shall furnish to the 
commission such statistics as rhe commission may require. 

. L6. Any employer who discharges, or in any other man- 
ner discriminates against any employe because such employe has 
testified or is about to testify, or because such employer believes 
that said employe may testify in any investigation or proceedings 

relative to the enforcement of this act. shall be deemed guilty of 
a misdemeanor and upon conviction Thereof, shall be punished by 
a fine of from twenty-five dollars ($2 ."..00) to one hundred dol- 
lars ($100.00) for each such misdemeanor. 

Sec. 17. Any person employing a woman or minor for whom 
a minimum wage or standard conditions of labor have been speci- 
fied, at less than said minimum wage, or under conditions of labor 
prohibited by the order of the commission ; or violating any other 
of the provisions of this act, shall be deemed guilty of a misde- 
meanor, and shall, upon conviction thereof, be punished by a fine 
of not less than twenty-five dollars ($25.00) nor more than one 
hundred dollars ($100.00). 



164 Appendix III — Minimum Wage Legislation. 

Sec. 17V2. Any worker or the parent or guardian of any- 
minor to whom this act applies may complain to the commission 
that the wages paid to the workers are less than the minimum rate 
and the commission shall investigate the same and proceed under 
this act in behalf of the worker. 

Sec. 18. If any employe shall receive less than the legal mini- 
mum wage, except as hereinbefore provided in section 13. -aid 
employe shall be entitled to recover in a civil action the full 
amount of the legal minimum wage as herein provided for, to- 
gether with costs and attorney's fees to be fixed by the court, not- 
withstanding any agreement to work for such lesser wage. In 
such action, however, the employer shall be credited with any 
wages which have been paid upon account. 

Sec. 19. All questions of fact arising under this act shall be 
determined by the commission and there shall be no appeal from 
its decision upon said question of fact. Either employer or em- 
ploye shall have the right of appeal to the superior court on ques- 
tions of law. 

Sec. 20. The commission shall biennially make a report to 
the governor and state legislature of its investigations and 
proceedings. 

Sec. 21. There is hereby appropriated annually out of any 
moneys of the state treasury not otherwise appropriated, the sum 
of five thousand dollars ($5,000.00), or as much thereof as may 
be necessary to meet the expenses of the commission. 

[Approved by the Governor March 24. 1913.] 



American Legislation — Wisconsin-. 165 

Wisconsin. 

Laws L913. Chapter 712. 

AX ACT to create sections L729s — 1 to 1729s — 12, inclusive, of 
the statutes, relating to the establishment of a living-wage 
for women and minors, and making an appropriation, and 
providing a penalty. 

The people of tli<- StaU of Wisconsin, represented in Senate and 
bly, do enact as follows: 

riON 1729 1. The following terms as used in sections 

17l'"- -- 1 t" 1729s — 12, inclusive, shall he construed as follows: 

(1) The term "employer" -hall mean and include every 
person, firm or corporation, agent, manager, representative, con- 
tractor, subcontractor or principal, or other person having control 
or direction of any person employed at any labor or responsible 

directly or indirectly for the wages of another. 

I'he term " employe " shall mean and include every per- 
son who is in receipt of or is entitled to any compensation for 
labor performed for any employer. 

(3) The term "wage" and the term "wages" shall each 
mean any compensation for labor measured by time, piece or 
otherwise. 

(4) The term "welfare'' shall mean and include reasonable 
comfort, reasonahle physical well-being, decency, and moral well- 
being. 

i 5 ) The term " living-wage " shall mean compensation for 
labor paid, whether by time, piece-work or otherwise, sufficient to 
enable the employe receiving it to maintain himself or herself 
under conditions consistent with his or her welfare. 

Sec. 1729s — 2. Every wage paid or agreed to be paid by any 
employer to any female or minor employe, except as otherwise 
provided in section 1729s — 7. shall be not less than a living-wage. 

Sec. 1729s — 3. Any employer paying, offering to pay, or 
agreeing to pay to any female or minor employe a wage lower or 



16(3 Appendix III — Minimum Wage Legislation. 

less in value than a living-wage shall be deemed guilty of a viola- 
tion of sections 1729s — 1 to 1720s — 12, inclusive, of the statutes. 

Sec. 1729s — 4. It shall be the duty of the industrial commis- 
sion and it shall have power, jurisdiction and authority to investi- 
gate, ascertain, determine and fix such reasonable classifications, 
and to issue general or special orders, determining the living 
wage, and to carry out the purposes of section- L729s — 1 to 
1729s — 12, inclusive, of the statutes. Such investigations, classi- 
fications and orders, and any action, proceeding, or suit" to set 
aside, vacate or amend any such order of said commission, or to 
enjoin the enforcement thereof, shall he made pursuant to the 
proceeding in sections 2391 — 41 to 2394 — 79, inclusive, of the 
statutes, which are hereby made a part hereof, so far as not incon- 
sistent with the provisions of sections 1729s — 1 to 1729s — 12. 
inclusive, of the statutes; and every order of the said commission 
shall have the same force and effect as the orders issued pursuant 
to said sections 2394 — 41 to 2394 — 70, inclusive, of the statute-, 
and the penalties therein shall apply to and he imposed for any 
violation of sections 1729s — 1 to 1729s — 12, inclusive, of the 
statutes. 

Sec. 1729s — 5. After July 1, 1913, the industrial commis- 
sion may, upon its own initiative, and after July 1, 1914, the 
industrial commission shall, within twenty days after the filing 
of a verified complaint of any person setting forth that the wages 
paid to any female or minor employe in any occupation are nor 
sufficient to enable such employe to maintain himself or herself 
under conditions consistent with his or her welfare, investigate 
and determine whether there is reasonable cause to believe that 
the wage paid to any female or minor employe is not a living 
wage. 

Sec. 1729s — 6. If, upon investigation, the commission finds 
that there is reasonable cause to believe that the wages paid to 
any female or minor employe are not a living-wage, it shall 
appoint, an advisory wage board, selected so as fairly to represenl 
employers, employes and the public, to as-i>t in its investigations 
and determinations. The living-wage so determined upon shall 
be the living-wage for all female or minor employes, within the 
same class as established bv the classification of the commission. 



American Legislation — Wisconsin. 167 

Sec. L729s — 7. The industrial commission shall make rules 
and regulations whereby any female or minor unable to earn the 
living-wage theretofore determined upon, shall be granted a 
license to work for a wage which shall be commensurate with his 
or her ability. Each license so granted -kail establish a wage for 
the licensee, and no licensee shall be employed ar a wage Less than 
the rate so established. 

Sec. 1729s — 8. 1. All minors working in an occupation for 
which a living-wage has keen established for minors, and who 
shall have no trade, shall, if employed in an occupation which is 
a trade industry, be indentured under the provisions of sections 
i'-")77 to 2386, inclusive, of the statutes. 

2. A "'trade" or a "'trade industry" within tke meaning 
of this act -kail be a trade or an industry involving physical labor 
and characterized by mechanical -kill and training puck as render 
a period of instruction reasonably necessary. The industrial corn- 
mi— ion shall investigate, determine and declare wkat occupations 
and industries are included within tke phrase a "trade" or a 
" trade industry." 

•'I. All minors working in an occupation for which a living- 
wage has keen established tor minors but which i- not a trade 
industry, who have no trade, shall be subjed to tke same provi- 
sions as minor.- between tke ages of fourteen and sixteen as pro- 
vided in section 1728< — 1 of tke statute-. 

4. Tke industrial commission may make exceptions to tke 
operation of subsections 1 and 2 of tins section where conditions 
make their application unreasonable. 

Sec. 172!>s — 9. Every employer employing tkree or more 
females or minors shall register with the industrial commission, 
on blanks to be supplied by the commission. In filling out the 
blank he shall state separately the number of females and the 
number of minors employed by him, their age, sex, wages and the 
nature of the work at which they are employed, and shall give 
such other information relative to the work performed and the 
wages received as the industrial commission requires. Each em- 
ployer shall also keep a record of the names and addresses of all 



168 Appendix 111 — Minimum Wage Legislation. 

women and minors employed by him, the hours of employment 
and wages of each, and such other records as the industrial com- 
mission requires. 

Sec. 1720s — 10. Any employer who discharges or threatens 
to discharge, or in any way discriminates, or threatens to dis- 
criminate against any employe because the employe has testified 
or is about to testify, or because the employer believes that the 
employe may testify, in any investigation or proceeding relative 
to the enforcement of this act, is guilty of a misdemeanor, and 
upon conviction thereof shall be punished by a fine of twenty-five 
dollars for each offense. 

Sec. 1729s — 11. Each day during which any employer shall 
employ a person for whom a living-wage has been fixed at a wage 
less than the living-wage fixed shall constitute a separate and dis- 
tinct violation of sections 1729s — l to 172!t< — 12, inclusive, of 
the statutes. 

Sec. 1729s — 12. Any person may register with the industrial 
commission a complaint that the wages paid to an employe for 
whom a living-wage has been established, are less than that rate, 
and the industrial commission shall investigate the matter and 
take all proceedings necessary to enforce the payment of a wage 
not less than the living-wage. 

[Approved July 31, 1914.] 



Trade Boards Act ov Great Britain. 169 

THE BRITISH MINIMUM WAGE LAWS. 

Trade Boards Act. 

Chapter 22. 

AX ACT t<> provide for the establishment of Trade Boards for 
certain Trades. [20th October, L900.] 

Be it enacted by the King's most Excellent Majesty, by and 
with the advice and consent of the Lords Spiritual and Temporal, 
and Commons, in this present Parliament assembled, and by the 
authority of the same, as follows: 

Establishment of Trade Boards for Trades to which the Act 
applu s. 

1. — (1) This Act shall apply to the trades specified in the 

schedule to this Act and to any other trade- to which it has been 
applied by Provisional Order of the Board of Trade made under 
this section. 

(2) The Board of Trade may make a Provisional Order 
applying this Act to any specified trade to which it does not at 
the time apply if they are satisfied that the rate of wages pre- 
vailing in any branch of the trade is exceptionally low, as com- 
pared with that in other employments, and that the other cir- 
cumstances of the trade are such as to render the application of 
this Act to the trade expedient. 

(3) If at any time the Board of Trade consider that the 
conditions of employment in any trade to which this Act applies 
have been so altered as to render the application of this "Act to 
the trade unnecessary, they may make a Provisional Order that 
this Act shall cease to apply to that trade. 

(4) The Board of Trade may submit to Parliament for con- 
firmation any Provisional Order made by them in pursuance of 
this section, hut no such Order shall have effect unless and until 
it is confirmed by Parliament. 

(5) If, while a Bill confirming any such Order is pending in 
either House of Parliament, a petition is presented against any 



170 Appendix III — Minimum Wage Legislation. 

Order comprised therein, the Bill, so far as it relates to that 
Order, may be referred to a select committee, or, if the two 
Houses of Parliament think lit so to order, to a joint committee 
of those Houses, and the petitioner shall be allowed to appear and 
oppose as in the case of Private Bills. 

(6) Any Act confirming a Provisional Order made in pursu- 
ance of this section may be repealed, altered, or amended by 
any subsequent Provisional Order made by the Board of Trade 
and confirmed by Parliament. 

2. — (1) The Board of Trade shall, if practicable, establish 
one or more Trade Boards constituted in accordance with regula- 
tions made under this Act for any trade to which this Act applies 
or for any branch of work in the trade. 

Where a Trade Board is established under this Act for any 
trade or branch of work in a trade which is carried on to any 
substantial extent in Ireland, a separate Trade Hoard shall lie 
established for that trade or branch of work in a trade in Ireland. 

( 2 ) Where a Trade Board has been established for any branch 
of work in a trade, any reference in this Act to the trade for 
which the Board is established shall be construed as a reference 
to the branch of work in the trade for which the Board has been 
established. 

3. A Trade Board for any trade shall consider, as occasion 
requires, any matter referred to them by a Secretary of State. 
the Board of Trade, or any other Government department, with 
reference to the industrial conditions of the trade, and shall make 
a report upon the matter to the department by whom the question 
has been referred. 

Minimum Rates of Wages. 

4. — (1) Trade Boards shall; subject to the provisions of this 
section, lix minimum rates of wages for timework for their trades 
(in this Act referred To as minimum time-rate-), and may also 
fix general minimum rates of wages for piecework for their trades 
(in this Act referred to as general minimum piece-rate-), and 
those rates of wages (whether time- or piece-rates) may be fixed 



Trade Boards Act of Great Britain - . 171 

- mi apply universally to the trade, or so as to apply to any 
special process in the work of the trade or to any special class 
of workers in the trade, or to any special area. 

If a Trade Board report to the Board of Trade that it is 
impracticable in any case to fix a minimum time-rate in accord- 
ance with this section, the Board of Trade may so far as respects 
that case relieve the Trade Board of their duty. 

i-i Before fixing any minimum time-rate or general mini- 
mum piece-rate, the Trade Hoard -hall give notice of the rate 
which they propose to fix and consider any objections to the rate 
which may lie lodged with them within three months. 

('■) ) The Trade Hoard shall give notice of any minimum time- 
rate or general minimum piece-rate fixed by them. 

(4) A Trade Board may. if they think it expedient, cancel 
or vary any minimum time-rate or general minimum piece-rate 
fixed under this Act, and shall reconsider any such minimum 
rate if the Hoard of Trade direct them to do so, whether an 
application is made for the purpose or not: 

Provided that the provisions of this section as to notice shall 
apply where it is proposed to cancel or vary the minimum rate 
fixed under the foregoing provisions in the same manner as they 
apply where it is proposed to fix a minimum rate. 

(5) A Trade Board shall on the application of any employer 
fix a. special minimum piece-rate to apply as respects the person 
employed by him in cases to which a minimum time-rate but 
no general minimum piece-rate is applicable, and may as they 
think fit cancel or vary any such rate either on the application 
of the employer or after notice to the employer, such notice to be 
given not less than one month before cancellation or variation of 
any such rate. 

5. — (1) Until a minimum time-rate or general minimum 
piece-rate fixed by a Trade Board has been made obligatory by 
order of the Board of Trade under this section, the operation of 
the rate shall be limited as in this Act provided. 



172 Appendix III — Minimum Wage Legislation. 

(2) Upon the expiration of six months from the date on 
which a Trade Board have given notice of any minimum time- 
rate or general minimum piece-rate fixed by them, the Board of 
Trade shall make an order (in this Act referred to as an obligatory 
order) making that minimum rate obligatory in cases in which 
it is applicable on all persons employing labour and on all persons 
employed, unless they are of opinion that the circumstances are 
such as to make it premature or otherwise undesirable to make 
an obligatory order, and in that case they shall make an order 
suspending the obligatory operation of the rate (in this Act re- 
ferred to as an order of suspension). 

(3) Where an order of suspension has been made as respects 
any rate, the Trade Board may, at any time after the expiration 
of six months from the date of the order, apply to the Board of 
Trade for an obligatory order as respects that rate; and on any 
such application the Board of Trade shall make an obligatory 
order as respects that rate, unless they are of opinion that a fur- 
ther order of suspension is desirable, and, in that case, they shall 
make such a further order, and the provisions of this section which 
are applicable to the first order of suspension shall apply to any 
such further order. 

An order of suspension as respects any rate shall have effect 
until an obligatory order is made by the Board of Trade under 
this section. 

(4) The Board of Trade may, if they think tit, make an order 
to apply generally as respects any rates which may be fixed by 
any Trade Board constituted, or about to be constituted, tor any 
trade to which this Act applies, and while the order is in force 
any minimum time-rate or general minimum piece-rate shall, after 
the lapse of six months from the date on which the Trade Board 
have given notice of the fixing of the rate, be obligatory in the 
same manner as if the Board of Trade had made an order making 
the rate obligatory under this section, unless in any particular 
case the Board of Trade, on the application of any person inter- 
ested, direct to the contrary. 

The Board of Trade may revoke any such general order at any 
time after giving three months' notice to the Trade Board of their 
intention to revoke it. 



Trade Boards Act of Great Britain. L73 

6. — (1 ) Where any minimum rate of wages fixed by a Trade 
Board lias been made obligatory by order of the Board of Trade 
under this Act, an employer shall, in cases to which the minimum 
rate is applicable, pay wages to the person employed at not less 
than the minimum rate clear of all deduction-, and if he fails to 
do so shall be liable on summary conviction in respect of each 
offence to a tine not exceeding twenty pounds and to a fine not 
exceeding five pounds for each day on which the offence is con- 
tinued after conviction therefor. 

i - ) On the conviction of an employer under this section for 
failing to pay wages at nor less than the minimum rate to a 
person employed, the court may by the conviction adjudge the 
employer convicted to pay, in addition to any tine, such sum as 
appears to the court to be due to the person employed on account 
of wages, the wages being calculated on the basis of the minimum 
rate, but the power to order tin- payment of wages under this 
provision shall not be in derogation of any right of the person 
employed to recover wages by any other proceeding. 

(3) If a Trade Board are satisfied that any worker employed, 
or desiring to be employed, on time work in any branch of a 
trade to which a minimum time-rate fixed by the Trade Board is 
applicable is affected by any infirmity or physical injury which 
renders him incapable of earning that minimum time-rate, and 
are of opinion that the case cannot suitably be met by employing 
the worker on piece-work, the Trade Board may, if they think fit, 
grant to the worker, subject to such conditions, if any, as they 
prescribe, a permit exempting the employment of the worker from 
the provisions of this Act rendering the minimum time-rate ob- 
ligatory, and, while the permit is in force, an employer shall not 
be liable to any penalty for paying wages to the worker at a rate 
less than the minimum time-rate so long as any conditions pre- 
scribed by the Trade Board on the grant of the permit are com- 
plied with. 

(4) On any prosecution of an employer under this section, it 
shall lie on the employer to prove by the production of proper 
wages sheets or other records of wages or otherwise that he has 
not paid, or agreed to pay, wages at less than the minimum rate. 



174 Appendix III — Minimum Wage Legislation. 

(5) Any agreement for the payment of wages in contravention 
df this provision shall be void. 

7. — (1) Where any minimum rate of wages has been fixed 
by a Trade Board, but is not for the time being obligatory under 
an order of the Board of Trade made in pursuance of this Act. 
the minimum rate shall, unless the Board of Trade direct in the 
contrary in any case in which they have directed the Trade Board 
to reconsider the rate, have a limited operation as follows: 

(a) In all cases to which the minimum rate is applicable an 
employer shall, in the absence of a written agreement to the con- 
trary, pay to the person employed wages at not less than the min- 
imum rate, and, in the absence of any such agreement, the person 
employed may recover wages at such a rate from the employer; 

(h) Any employer may give written notice to the Trade Board 
by whom the minimum rate has been fixed that he is willing that 
that rate should be obligatory on him, and in that case he shall be 
under the same obligation to pay wages to the person employed 
at not less than the minimum rate, and be liable to the same fine 
for not doing so, as he would be if an order of the Board of Trade 
were in force making the rate obligatory ; and 

(c) Xo contract involving employment to which the minimum 
rate is applicable shall be given by a Government department or 
local authority to any employer unless he has given notice to the 
Trade Board in accordance with the foregoing provision: 

Provided that in case of any public emergency the Board of 
Trade may by order, to the extent and during the period named 
in the order, suspend the operation of this provision as respects 
contracts for any such work being done or to be done on behalf of 
the Crown as is specified in the order. 

(2) A Trade Board shall keep a register of any notices given 
under this section : 

The register shall be open to public inspection without pay- 
ment of any fee, and shall be evidence of the matters stated 
therein : 

Any copy purporting to be certified by the secretary of the 
Trade Board or anv officer of the Trade Board authorized for the 



Trade Boards Act of Great Britain. 175 

purpose to be a true copy of any entry in the register shall he 
admissible in evidence without further proof. 

s . An employer shall, in cases where person- are employed 
on piece-work and a minimum time-rate but no general minimum 
piece-rate has been fixed, be deemed to pay wages at less than the 
minimum rate — 

i a ) in cases where a special minimum piece-rate has been 
iixed under the provisions of this .Vet for persons employed by 
the employer, if the rate of wages paid is less than that special 
minimum piece-rate : and 

(b) in. cases where a special minimum piece-rate has not been 

SO fixed, unless he shows that the piece-rale of wages paid would 
yield, in the circumstances of the case, to an ordinary worker at 
least the same amount of money as the minimum time-rate. 

!>. Any shopkeeper, dealer, or trader, who by way of trade 
makes any arrangemenl express or implied with any worker in 
pursuance of which the worker performs any work for which a 
minimum rate of wages has been fixed under this Act, shall be 
deemed for the purpose- of this Act to he the employer of the 
worker, and the net remuneration obtainable by the worker in 
) (-fiect of the work after allowing for his necessary expenditure 
in connection with the work shall lie deemed to he wageSi 

10. — (1) Any worker or any person authorized by a worker 
may complain to the Trade Board that the wages paid to the 
worker by any employer in any case to which any minimum rate 
fixed by the Trade Board is applicable are at a rate less than the 
minimum rate, and the Trade Board shall consider the matter 
and may, if they think fit, take any proceedings under this Act 
on behalf of the worker. 

(2) Before taking any proceedings under this Act on behalf 
of the worker, a Trade Board may, and on the first occasion on 
which proceedings are contemplated by the Trade Board against 
an employer they shall, take reasonable steps to bring the case 
to the notice of the employer, with a view to the settlement of the 
case without recourse to proceedings. 



17(3 Appendix III — Minimum Wack Legislation. 

Constitution, Proceedings, &c. of Trade Boards. 

11. — (1) The Board of Trade may make regulations with re- 
spect to the constitution of Trade Boards which shall consist of 
members representing' employers and members representing 
workers (in this Act referred to as representative members) in 
equal proportions and of the appointed members. Any such regu- 
lations may be made so as to apply generally to the constitution 
of all Trade Boards, or specially to the constitution of any par- 
ticular Trade Board or any particular class of Trade Boards. 

(2) Women shall be eligible as members of Trade Boards as 
well as men. 

(3) The representative members shall be elected or nominated, 
or partly elected and partly nominated as may be provided by the 
regulations, and in framing the regulations the representation 
of home workers on Trade Boards shall be provided for in all 
trades in which a considerable proportion of home workers are 
engaged. 

(4) The chairman of a Trade Board shall be such one of the 
members as the Board of Trade may appoint, and the secretary of 
the Trade Board shall be appointed by the Board of Trade. 

(5) The proceedings of a Trade Hoard shall not be invalidated 
by any vacancy in their number, or by any defect in the appoint- 
ment, election, or nomination of any member. 

(6) In order to constitute a meeting of a Trade Board, at 
least one-third of the whole number of the representative mem- 
bers and at least one appointed member must be present 

(7) The Board of Trade may make regulations with respect, 
to the proceedings and meetings of Trade Boards, including the 
method of voting; but subject to the provisions of this Act and to 
any regulations so made Trade Boards may regulate their pro- 
ceedings in such manner as they think fit. 

12. — (1) A Trade Board may establish district trade com- 
mittees consisting partly of members of the Trade Hoard and 
partly of persons not being members of the Trade Hoard but 



Trade Boards Act of Great Britain. 177 

representing employers or workers engaged in the trade and con- 
stituted in accordance with regulations made for the purpose by 
the Board of Trade and acting for such area as the Trade Board 
may determine. 

( 2 ) Provision shall be made by the regulations for at least one 
appointed member acting as a member of each district trade com- 
mittee, and for the equal representation of local employers and 
local workers on the committee, and for the representation of 
homeworkers thereon in the case of any trade in which a consid- 
erable proportion of homeworkers are engaged in the district, and 
also for the appointment of a standing sub-committee to consider 
applications for special minimum piece-rates and complaints made 
to the Trade Board under this Act. and for the reference of any 
applications or complaints to that sub-committee. 

(3) A Trade Hoard may refer to a district trade committee 
for their report and recommendations any matter which they think 
if expedient so to refer, and may also, if they think fit, delegate 
to a district trade committee any of their powers and duties under 
this Act. other than their power and duty to fix a minimum time- 
rate or general minimum piece-rate. 

(4) Where a district trade committee has been established 
for any area, it shall be the duty of the committee to recommend 
to the Trade Board minimum time-rates and, so far as they think 
fit, general minimum piece-rates, applicable to the trade in that 
area, and no such minimum rate of wages fixed under this Act 
and no variation or cancellation of such a rate shall have effect 
within that area unless either the rate or the variation or cancel- 
lation thereof, as the case may be, has been recommended by the 
district trade committee, or an opportunity has 'been given to the 
committee to report thereon to the Trade Board, and the Trade 
Board have considered the report (if any) made by the committee. 

13. — (1) The Board of Trade may appoint such number of 
persons (including women) as they think fit to be appointed 
members of Trade Boards. 

(2) Such of the appointed members of Trade Boards shall 
act on each Trade Board or district trade committee as may be 



17 s Appendix III — Minimum Wage Legislation. 

directed by the Board of Trade, and, in the case of a Trade Hoard 
for a trade in which women are Largely employed, at least one of 
the appointed members acting shall he a woman: 

Provided that the number of appointed members acting on the 
same Trade Board, or the same district trade committee, at the 
same time, shall he less than half the total number of members 
representing employers and members representing workers. 

Appointment of Officers and olhcr Provisions for enforcing Art. 

14. — (1) The Board of Trade may appoint such officers as 
they think necessary for the purpose of investigating any com- 
plaints and otherwise securing the proper observance of this Act. 
and any officers so appointed shall act under the directions of the 
Board of Trade, or, if the Board of Trade so determine, under 
the directions of any Trade Board. 

(2) The Board of Trade may also, in lieu of or in addition to 
appointing any officers under the provisions of this section, if they 
think fit, arrange with any other Government Department for 
assistance being given in carrying this Act into effect, either gen- 
erally or in any special cases, by officers of that Department whose 
duties bring them into relation with any trade to which this Act 
applies. 

15. — (1) Any officer appointed by the Board of Trade under 
this Act, and any officer of any Government Department for the 
time being assisting in carrying this Act into effect, shall have 
power for the performance of his duties — 

(a) to require the production of wages -beets or other record 
of wages by an employer, and records of payment- made to out- 
workers by persons giving out work, and to inspect and examine 
the same and copy any material part thereof: 

(b) to require any person giving out work and any outworker 

to give any information which it is in his power to give with re- 
spect to the names and addresses of the persons to whom the work 
is given out or from whom the work is received, as the case may 
be, and with respect to the payments to lie made for the work; 



Trade Boards Act of Great Britain. 17'.' 

in at all reasonable times to enter any factory ox workshop 
and any place used for giving out work to outworkers; and 

{a) to inspect and copy any material part of any list of out- 
workers kept by an employer or person giving out work to out- 
worker-. 

If any person fails to furnish the means required by an 
officer as necessary for any entry or inspection or the exorcise of 
his power- under this section, or if any person hinders or molests 
any officer in the exercise of the powers given by this section, or 
refuses to produce any document or give any information which 
any officer requires him to produce or give under the powers given 
by this section, that person shall be liable on summary conviction 
in respect of each offence to a fine not exceeding five pounds; and, 
if any person produce- any wages sheet, or record of wages, or 
record of payments, or any List of outworkers to any officer acting 
in the exercise of the powers given by this section, knowing the 
same to be false, or furnishes any information to any such officer 
knowing the same to be false, he shall be Liable, on summary con- 
viction. To a fine not exceeding twenty pounds, or to imprisonment 
for a Term not exceeding Three mouth-, with or without hard 
labour. 

1H. Every officer appointed by the Board of Trade under this 
Act, and every officer of any Government DeparTmenT for the time 
being assisting in carrying this Act into effect, shall he furnished 
by The Board or Department with a certificate of his appoinTmenT, 
and when acting under any or exercising any power conferred 
upon him by This Act shall, if so required, produce The said cer- 
tificate To any person or persons affecfed. 

IT. — (1) Any officer appoinfed by The Board of Trade under 
This Act, and any officer of any Government Department for the 
Time being' assisTing in carrying This Act into effect, shall have 
power in pursuance of any special or general direcfions of the 
Board of Trade to Take proceedings under This AcT, and a Trade 
Board may also Take any such proceedings in The name of any 
officer appoinfed by the Board of Trade for the Time being acting 
under The directions of the Trade Board in pursuance of this Act, 



180 Appendix III — Minimum Wage Legislation. 

or in the name of their secretary or any of their officers authorised 
by them. 

(2) Any officer appointed by the Board of Trade under this 
Act, or any officer of any Government Department for the time 
being assisting in carrying this Act into effect, and the secretary 
of a Trade Board, or any officer of a Trade Board authorised 
for the purpose, may, although not a counsel or solicitor or law 
agent, prosecute or conduct before a court of summary jurisdiction 
any proceedings arising under this Act. 

Supplemental. 

18. — (1) The Board of Trade shall make regulations a- to 

the notice to be given of any matter under this Act, with a view 
to I iringing the matter of which notice is to be given so far as 
practicable to the knowledge of persons affected. 

(2) Every occupier of a factory or workshop, or of any place 
used for giving out work to outworkers, shall, in manner directed 
by regulations under this section, tix any notices in his factory or 
workshop or the place used for giving out work to outworkers 
which he may be required to tix by the regulations, and -hall 
give notice in any other manner, if required by the regulations, 
to the persons employed by him of any matter of which he is 
required to give notice under the regulations : 

If the occupier of a factory or workshop, or of any place used 
for giving out work to outworkers, fails To comply with this pro- 
vision, he -shall be liable on summary conviction in respect of each 
jffence to a fine not exceeding forty shillings. 

1!>. Regulations made under this Act shall be laid as soon 
as possible before both Houses of Parliament, and, if either House 
within the next forty days after the regulations have been laid 
before that House resolve that all or any of the regulations ought 
to lie annulled, the regulations shall, after The date of the resolu- 
tion, be of no effect, without prejudice to the validity of anything 
done in the meantime thereunder or to the making of any new 
regulations. If one or more of a set of regulations are annulled, 
the Board of Trade may, if they think tit. withdraw the whole set. 



Trade Boards Act of Gkeat Britain. 181 

20. — (1)' II is Majesty may, by Order in Council, direct that 
any powers to be exercised or duties to be performed by the Board 
oi Trade under this Act shall be exercised or performed generally, 
or in any special cases or class of cases, by a Secretary of State, 
and, while any such Order is in force, this Act shall apply as if, 
s«> far as is necessary to give effect to the Order, a Secretary of 
State were substituted for the Board of Trade. 

(2) Any Order in Council under this section may be varied 
or revoked by any subsequent Order in Council. 

21. There shall be paid out of moneys provided by Parlia- 
ment — 

(1) Any expenses, up to an amount sanctioned by the Treas- 
ury, which may be incurred with the authority or sanction of the 
Board of Trade by Trade Hoards or their committees in carrying 
into effect this Act ; and 

(2) To appointed members ami secretaries of Trade Boards 
and to officers appointed by the Hoard of Trade under this Act 
such remuneration and expenses as may he sanctioned by the 
Treasury; and 

(3) To representative members of Trade Boards and members 
(other than appointed members) of district trade committees any 
expenses (including compensation for loss of time), up to an 
amount sanctioned by the Treasury, which may be incurred by 
them in the performance of their duties as such members ; and 

(4) Any expenses, up to an amount sanctioned by the Treas- 
ury, which may be incurred by the Board of Trade in making 
inquiries, or procuring information, or taking any preliminary 
steps with respect to the application of this Act to any trade to 
which the Act does not apply, including the expenses of obtaining 
a Provisional Order, or promoting any Bill to confirm any Pro- 
visional Ordei made under, or in pursuance of, the provisions 
of this Act. 

22. — (1) This Act may be cited as the Trade Boards Act, 
1909. 

(2) This Act shall come into operation on the first day of 
January nineteen hundred and ten. 



182 Ai'I'kxdix 111 — Minimum Wage Legislation. 

Coal Mines ( Mimmim Wage} Act. 

AX ACT to provide a Minimum Wage in the case of Workmen 
employed underground in Coal .Mines (including Mines of 
Stratified Ironstone), and for purposes incidental thereto. 

[29th March 1912.] 

Be it enacted by the King's most Excellent Majesty, by and 
with the advice and consent of the Lords Spiritual and Temporal, 
and Commons, in this present Parliament assembled, and by the 
authority of the same, as follows: 

1. — (1) It shall be an implied term of every contract for the 
employment of a workman underground in a coal mine that the 
employer shall pay to that workman wages at not less than the 
minimum rate settled under this Act and applicable to that work- 
man, unless it is certified in manner provided bj the district 
rules that the workman is a person excluded under the district 
rules from the operation of this provision, or that the workman 
has forfeited the right to wages at the minimum rate by reason 
of his failure to comply with the conditions with respect to the 
regularity or efficiency of the work to be performed by workmen 
laid down by those rules; and any agreement for the payment 
of wages in so far as it is in contravention of this provision shall 
be void. 

For the purposes of this Act, the expression " district rules " 
means rules made under the powers given by this Act by the joint 
district board. 

(2) The district rules shall lay down conditions, as respects 
the district to which they apply, with respect to the exclusion 
from the right to wages at the minimum rate of aged workmen 
and infirm workmen (including workmen partially disabled by 
illness or accident), and shall lay down conditions with respect 
to the regularity and efficiency of the work to be performed by 
the workmen, and with respect to the time for which a workman 
is to be paid in the event of any interruption of work due to an 
emergency, and shall provide that a workman shall forfeit the 
right to wages at the minimum rate if he does not comply with 
conditions as to regularity and efficiency of work, except in cases 



Coal Minks Act of Gbeat Britain. 183 

where the failure to comply with rhe conditions is due to sonic 
cause over which he has no control. 

The district rules shall also make provision with respect to 
the persons by whom and the mode in whirh any question, 
whether any workman in the district is a workman to whom the 
minimum rate of wages is applicable, or whether a workman has 
complied with the conditions Laid down by the rules, or whether 
a workman who has not complied with rhe conditions laid down 
by rhe rules has forfeited his right to wages at rhe minimum rare. 
i- bo he decided, and for a certificate being given of any such 
decision for the purposes of this section. 

( •"! ) The provisions of this section as to payment of wages 

at a minimum rate shall operate a- from the date of the passing 
of this Act, although a minimum rate of wages may not have 
been settled, and any sum which would have been payable under 

this -ertioii to a workman on account of vrages if a minimum 
rate had been settled may he recovered by the workman from his 
employer at any time after the rate i- settled. 

2. — (1) .Minimum rates of wane- and district rules for the 
purposes of this Act shall he settled separately for each of the 
districts named in the Schedule to this Act by a body of persons 
recognized by the Hoard of Trade as the joint district hoard for 
that district. 

Nothing in this Act shall prejudice the operation of any agree- 
ment entered into or custom existing before the passing of this 
.Vet for the payment of wages at a rate higher than the mini- 
mum rate settled under this Act, and in settling any minimum 
rate of wages the joint district board shall have regard to the 
average daily rate of wages paid to the workmen of the class for 
which the minimum rate is to he settled. 

(2) The Board of Trade may recognize as a joint district 
hoard for any district any body of persons, whether existing at 
the time of the passing of this Act or constituted for the purposes 
of this Act, which in the opinion of the Board of Trade fairly 
and adequately represents the workmen in coal mines in the dis- 
trict and the employers of those workmen, and the chairman of 



1<S4 xVppendix IT! — Minimum Wage Legislation. 

which is an independent person appointed by agreement between 
the persons representing the workmen and employers respectively 
on the body, or in default of agreement by the Hoard of Trade 
The Board of Trade may, as a condition of recognizing as a 
joint district board for the purposes of this act any body the 
rules of which do not provide for securing equality of voting 
power between the members representing workmen and the mem- 
bers representing employers and for giving the chairman a rant- 
ing vote in case of difference between the two classes of member-, 
require that body to adopt any such rule as the Hoard of Trade 
may approve for the purpose, and any rule so adopted shall be 
deemed to be a rule governing the procedure of the body for the 
purposes of this Act. 

(3) The joint district board of a district shall settle general 
minimum rates of wages and general district rules for their dis- 
trict (in this Act referred to as general district minimum rates 
and general district rules), and the general district minimum 
rates and general district rules shall be the rates and rules 
applicable throughout the whole of the district to all coal mines 
in the district and to all workmen or classes of workmen em- 
ployed underground in those mines, other than mines to which 
and workmen to whom a special minimum rate or special district 
rules settled under the provisions of this Act i- or are applicable, 
or mines to which and workmen to whom the joint district board 
declare that the general district rates and general district rules 
shall not be applicable pending the decision of the question 
whether a special district rate or special district rules ought to 
be settled in their case. 

(4) The joint district board of any district may. if it i- 
shown to them that any general district minimum rate or general 
district rules are not applicable in the case of any group or da>s 
of coal mines within the district, owing to the special circum- 
stances of the group or class of mines, settle a special minimum 
rate (either higher or lower than the general district rate) or 
special district rules (either more or less stringent than the gen- 
eral district rules) for that group or class of mines, and any such 
special rate or special rules -hall be the rate or rule- applicable 



Coal Mines Alt of Great Britain. 185 

to that group or class of mine-; instead of the general district 
minimum rate or general district rules. 

(5) For the purpose of settling- minimum rates of wage, the 
joint district board may subdivide their district into two parts 
or, if the members of the joint district board representing the 
workmen and the members representing the employers agree, into 
more than two parts, and in that ease each part of the district 

subdivided shall, for the purpose of the minimum rate, be 
treated a- the district. 

(6) For tlic purpose of settling district rules, any joint 
district boards may agree that their districts shall lie treated as 
one district, and in that case those districts shall be treated for 
that purpose as one combined district, with a combined district 
committee appointed as may be agreed between the joint district 
boards concerned, and the chairman of such one of the districts 
forming the combination as may be agreed upon between the 
joint district boards concerned, or, in default of agreement, deter- 
mined by the Board of Trade, shall be the chairman of the com- 
bined district committee. 

'■'>. — ( 1 ) Any minimum rate of wages or district rules settled 
under this Act shall remain in force until varied in accordance 
with the provisions of this Act. 

(•2) The joint district board of a district shall have power to 
vary any minimum rate of wages or district rules for the time 
being in force in their district — 

(a) At any time by agreement between the members of the 
joint district board representing the workmen and the members 
representing the employers ; and 

(6) After one year has elapsed since the rate or rules were 
last settled or varied, on an application made (with three months' 
notice given after the expiration of the year) by any workmen 
or employers, which appears to the joint district board to repre- 
sent any considerable body of opinion amongst either the work- 
men or the employers concerned; 



186 Appendix III — Minimum Wage Legislation. 

and the provisions of tins Act as to the settlement of minimum 
rates of wages or district rules shall, so far as applicable, apply 
to the variation of any such rate or rules. 

4. — (1) If within two weeks after the passing of this .Vet a 
joint district board has not been recognized by the Board of 
Trade for any district, or if at any time after the passing of this 
Act any occasion arises for the exercise or performance in any 
district of any power or duty under this Act by the joint district 
board, and there is no joint district board for the district, the 
Board of Trade may, either forthwith or after such interval as 
may seem to them necessary or expedient, appoinl such person 
as they think fit to act in the place of the joint district board. 
and, while that appointment continues, this Act shall be construed, 
so far as respects that district, as if the person so appointed were 
substituted for the joint district board. 

The Board of Trade in any such case where it appears to them 
that the necessity for the exercise of their powers under this pro- 
vision arises from the failure of the employers to appoint mem- 
bers to represent employers on a board when the workmen are 
willing to appoint members to represent workmen, or from the 
failure of the workmen to appoint members to represent work- 
men on a board when the employers are willing to appoint mem- 
bers to represent employers, may, if they think .tit. instead of 
appointing a person to act in place of the joint district board, 
appoint such persons as they think fit to represent the employers 
or the workmen, as the case may be, who have failed to appoint 
members to represent them ; and in that case the members so 
appointed by the Board of Trade shall be deemed to be members 
of the board representing employers or workmen as the case 
requires. 

(2) If the joint district board within three weeks after the 
time at which it has been recognized under this Act for any 
district fail to settle the first minimum rates of wages and distrid 
rules in that district, or if the joint district board, within three 
weeks after the expiration of a notice for an application under 
this Act to vary any minimum rate of wage- or district rules 
fail to deal with the application, the chairman of the joint dis- 



Coal Mines A. r of Great Britain. 1ST 

trict hoard shall settle the rates or rule- or deal with the appli- 
cation, a- the case may be, in place of the joint district board, 
and any minimum rate of wages or district rules settled hy him 
shall have the same effect for the purposes of this Act as if they 
had been settled hy the joint district board: 

Provided that, if the members of the joint district hoard 
representing the workmen and the members representing the 
employers agree, or if the chairman of the joint district hoard 
direct-, that a specified period longer than three weeks shall for 
the purposes of this subsection be substituted for three week-, 
this subsection shall have effect as if that specified period were 
therein substituted for three weeks. 

:».— ( 1 ) In this Act — 

The expression "coal mine" includes a mine of stratified 
ironstone ; 

The expression "workman" means any person employed in a 
coal mine below ground other than — 

(") A person so employed occasionally or casually only; or 

(h\ A person so employed solely in surveying or measur- 
ing; or 

('•i A person so employed as mechanic; or 

(d) The manager or any under-manager of the mine; or 

(e) Any other official of the mine whose position in the mine 
is recognized by the joint district board as being a position dif- 
ferent from that of a workman. 

(2) If it is thought fit by any persons when appointing a 
chairman for the purposes of this Act, or by the Board of Trade 
when so appointing a chairman, the office of chairman may be 
committed to three persons, and in that case those three persons 
acting by a majority shall be deemed to be the chairman for the 
purposes of this Act. 

6. — (1) This Act may be cited as the Coal Mines (Minimum 
Wage) Act, 1912. 

(2) This Act shall continue in force for three years from the 
date of the passing thereof and no longer, unless Parliament shall 
otherwise determine. 



188 Appendix III — 'Minimum Wage Legislation. 

THE VICTORIAN SPECIAL BOARDS ACT. 

Special Boards. 

(1) Appointment of Boards. 

133. (1) (Act 2386.) Every Special Board purporting to 
have been appointed prior to the commencement of this Act shall 
be deemed to have been validly appointed. 

(2) Where a resolution is or has been passed by both Houses 
of Parliament declaring that it is expedient to appoint any Special 
Board to determine the lowest prices or rates which may be paid 
to any person or persons or classes of persons employed anywhere 
in Victoria (whether in a factory or not) in any process trade 
business or occupation or any group thereof specified in the reso- 
lution or where any Special Board has prior to the commencement 
of this Act been appointed for any process trade business or occu- 
pation or any group thereof the Governor in Council may if 
he thinks fit from time to time — 

(a) appoint one or more Special Boards for any one of such 
processes trades businesses or occupations or for any branch or 
branches thereof or for any group or groups thereof; and 

(b) define the area or locality (including the whole or any 
part or parts of Victoria)* within which the Determination of 
each of such Special Boards shall be operative: and extend or re- 
define any such area or locality; and 

(c) as between any two or more Special Boards, adjust the 
powers which such Boards or any of them may lawfully exercise, 
and for that purpose deprive any Special Board of any of its 
powers and confer them upon any other Special Board. 

(3) When any Special Board is deprived of any of its powers 
pursuant to this section any Determination thereof or of the Court 
of Industrial Appeals made before such deprivation under any 
power of which the Special Board is deprived shall continue in 
operation until superseded by a Determination of the Special 

* Compare limitations as to certain occupations in section ante. (In a 
few cases foot notes refer to sections of compiled factories law. March, 1913, 
not here included.) 



Minimum Wage Law of Victoria. 189 

Board upon which such power is conferred, and upon such Deter- 
mination being made shall cease to have effect. 

(4 ) Where under this section the area or locality within which 
the Determination of any Special Board is to be operative is 
extended so as to include any part or parts of Victoria outside the 
^Metropolitan District or outside any city town or borough the 
rnor in Council if in any case he thinks it necessary may 
appoint a new Special Hoard to take the place of the Special 
Board the operation of whose Determination is so extended. 

i.",) Where any new Special Board is so appointed any De- 
termination of the Hoard whose place it takes or of the Court of 
Industrial Appeals theretofore made -hall within the area or 
locality for which the Determination was made continue in opera- 
tion until superceded by a Determination of the new Special Board 
and upon such Determination being made shall cease to have 
effect. 

Each Special Board shall consist of not less than four nor 
more than ten members and a chairman. 

134. (Act 2386.) The Governor in Council may by Order 
published in the Government Gazette direct that any Special Board 
may in any regulation Determination Order or instrument or legal 
proceedings be described for all purposes by some short title 
specified in such Order. 

135. (1) (Act 2386.) The Governor in Council may by an 
order published in the Government Gazette extend the powers 
under this Act of any Special Board so that such Board may fix 
the lowest prices or rates for any articles or process trade or busi- 
ness or part of any such process trade or business which 
in the opinion of the Governor in Council are of the 
same or similar class or character as those for which such Board 
was appointed, and such Board shall as regards the articles process 
trade or business mentioneel in the extending Order in Council 
have all the powers conferred on a Special Board by this Act. 

(2) A copy of the Government Gazette containing an order 
so extending the powers of a Special Board shall be conclusive 



100 Appendix III — Minimum Wage Legislation. 

evidence of the making of such order and such order shall not 
be liable to be challenged or disputed in any Court whatever. 

136. (1) (Act 2386.) One-half of the members of a Special 

Board shall he appointed as representatives of employers and one- 
half as representatives of employes." 

(2) The representatives of the employers shall be bona julr 
and actual employers in the trade concerned, or shall have been 
so for six months during the three years immediately preceding 
their appointment and the representatives of the employes shall be 
actual and bona fide employes in such trade or shall have been 
so for six months during the three years immediately preceding 
their appointment, 

i 3 ) {a ) Appointments as members of any Special Board shall 
be for three years only, but any member of a Special Hoard may 
on the expiration of his term of office be re-appointed thereto; 

(6) The Chairman of any Special Board shall be deemed and 
taken to be a member thereof; and 

(c) The Governor in Council may at any time remove any 
member of a Special Board. 

B3T. (1) (Act 2386.) Before appointing the members of 

any Special Board the Minister may by notice published in the 
(ioverianoil (luzeltr nominate! persons as representatives of em- 
ployers and representatives of employes to be appointed as mem- 
bers of such Special Board. 

(2) In any case where one-fifth of the employer- or employes 
in any process trade business or occupation carry on or are en- 
gaged in such process trade business or occupation outside the 
Metropolitan District as defined in this Act;;: one at least of the 

* On the Special Board for Men's and Boys' clothing, the employers' repre- 
sentatives must consist of three representatives of makers of ready-made 
clothing and two of makers of order clothing. — i See section 1 < ">i2 post.) 

t Although the Minister lias power to nominate whomsoever lie pleases 
within the limitations of section 136 ante, his invariable practice is to consult 
the parties interested. It is open for any person OT association to forward 
the names of persons suitable for nomination. If such names exceed the 
number to be appointed, the .Minister makes a -election, and nominates those 
selected hy publishing their name in the Government Gazette. 

$ The Metropolitan District is defined in section 77. 



Minimum Wage Law of Victoria. 191 

persons so Dominated as representatives of employers and one at 
least of the persons so nominated as representatives of employes 
shall be a person who resides and who carries on or is engaged in 
or has carried on or Keen engaged in (as the ease may be) such 
process trade business or occupation outside the said Metropolitan 
District. 

( •". ) Unless within twenty-one days after the date when such 
nomination- are so published at least one-fifth of the employers or 
at least one-fifth of the adult employes respectively engaged in the 
-- trade business or occupation subject to such Special Board 
give notice in writing to the Minister that they object to the ap- 
pointment of the persons nominated as their representatives la- 
the ease may be) then such persons so nominated may he appointed 
members of the Special Hoard by the Governor in Council as 
representatives thereon of the employers or employe- (as the case 
may he). 

(4) For the purpose of furnishing the information necessary 
for preparing rolls of electors (none of whom shall he under the 
age of eighteen years) for Special Boards in any process trade 
■ -- or occupation not usually or frequently carried on in a 
factory as defined by (his Act all employers shall send to the Chief 
Inspector their names and addresses and also the names and ad- 
es of all employes not under eighteen years of age, in the 
form or to the effect of the Seventh Schedule and the Chief In- 
spector shall compile voters' rolls therefrom and each employer 
and each employe shall have one vote. 

Any employer failing so to forward his name and address shall 
not be entitled to vote for representatives of employers on the 
Special Board to be elected. 

Every employe not under eighteen years of age, who produces 
evidence to the satisfaction of the Chief Inspector that his ordinary 
occupation when at work is employment in any process trade busi- 
ness or occupation in regard to which the lowest prices or rates 
of payment are to be determined by any Special Board shall not- 
withstanding that his name and address have not. been forwarded 
by his employer be enrolled as an elector of representatives of 
employes on such Special Board. 



192 Appendix III — Minimum Wage Legislation. 

The Minister may decide whether any process trade business 
or occupation falls within this sub-section. 

(5) The Minister shall decide whether persons nominated as 
representatives have been objected to by at least one-fifth of em- 
ployers or adult employes (as the case may be) and for that pur- 
pose he shall accept the records given by the Chief Inspector in 
his latest annual report. 

Provided that in any case where no records are given in the 
latest Annual Report of the Chief Inspector of Factories with 
respect to any persons, likely to be affected by the Determination 
of any such Special Board the Minister if he is satisfied that there 
is substantial objection to the persons nominated by him as repre- 
sentatives of employers or employes on such Special Board and 
notwithstanding that an objection signed by one- fifth of the em- 
ployers or adult employes respectively engaged in the process trade 
business or occupation subject to such Special Board has not been 
lodged may decide that an election shall be held . 

(G) If the Minister is satisfied that at least one-fifth of the 
employers or of the adult employes object within the time afore- 
said to the persons nominated as their representatives or that 
otherwise there is substantial objection then such representatives 
of employers or such representatives of employes shall subject to 
the provisions of this Act be elected as may be prescribed by regu- 
lations* made by the Governor in Council, f 

138. (Act 2386.) If the number of persons nominated as 
representatives of employers or employes (as the case may be) 
does not exceed the number of persons to be elected the persons 
nominated shall be deemed and taken to have been elected and 
shall be appointed by the Governor in Council accordingly to be 
members of the Special Board. 

139. (Act 2386.) In the event of any vacancy occurring 
from any cause whatsoever in any Special Board, the Governor 
in Council may without previous nomination or election appoint 
a person as representative of employers or employes as the case 

* The regulations will be found at p. 123 post. 

t But the members of any Special Board for the furniture trade shall not 
be elected. — Section 161 post. 



Minimum Wage Law of Victoria. 193 

may require ( and the person so appointed shall be deemed and 
taken to have been elected by such employers or employes, as the 
case may be) : and such person shall be so appointed for the un- 
expired portion of the term of office of the member who dies or 
resigns or is removed.* 

(2) Appointment of Chairmen. 

140. ( 1 ) ( Act 2386.) The members of a Special Board shall 
within fourteen days after their appointment nominate in writing 
some person (not being one of such members) to be Chairman of 
such Special Board, and such person shall be appointed by the 
Governor in Council to such office. 

I 2 ) In the event of the Minister not receiving such nomina- 
tion within fourteen days after the appointment of the said mem- 
bers then the Governor in Council may appoint the Chairman on 
the recommendation of the Minister. 

(3) Powers and Functions of Boards.^ 

141. (Act 2386.) Every Special Hoard in accordance with 
the terms of its appointment — 

(a) shall determine the lowest prices or rates of pay- 
ment payable to any person or persons or classes of persons em- 
ployed in the process trade business or occupation specified in 
such appointment. Such prices or rates of payment may be fixed 
at piece-work prices or at wages rates or both as the Special Board 
thinks fit ; 

(b) shall determine the maximum number of hours per week 
for which such lowest wages rates shall be payable according to the 
nature or conditions of the work ; and the wages rates payable for 
any shorter time worked shall be not less than a pro rata amount 
of such wages rates and not less than such a rate as may be fixed 
for casual labour. 

* It is the practice of the Minister to consult the interests of the persons 
concerned. If the Board is sitting when the vacancy occurs, its remaining 
members usually suggest a suitable person. It is well, therefore, for parties 
interested to be ready with nominations as soon as a seat on the Board be- 
comes vacant. 

f A Board may fix rates for repairing articles. — Section 152 post. For 
additional powers as to apprentices and improvers, see section 182 post. 

7 



194 Appendix III — -Mibtimum Wage Legislation. 

In fixing such lowest price? or rates the Special Board shall 
take into consideration the following matters and may (if it thinks 
fit) fix different prices or rates accordingly — 

(i) the nature kind and class of the work; 

(ii) the mode and manner in which the work is to be done; 

(iii) the age and sex of the workers;* 

(iv) the place or locality where the work is to be done; 

(v) the hour of the day or night when the work is to be done; 

(vi) whether more than six consecutive days' work is to be 
done ; 

(vii) whether the work is casual as defined by the Board: 

(viii) any recognized usage or custom in the manner of carry- 
ing out the work : and 

(ix) any matter whatsoever which may from time to time be 
prescribed. 

(c) shall fix a higher wages rate to be paid for any time in 
excess of the maximum number of hours per week so fixed and — 

may fix the times of beginning and ending work upon each 
day; and 

may fix a higher rate to be paid for any hour or fraction of an 
hour worked outside the times so fixed ;f and 

*As to persons under 21 years of age. other than apprentices or improvers, 

see section 154 post. 

tit will he noted that, under paragraphs lb) and u- ) . two different classes 
of overtime can be fixed. Under (b) and (c) the Boards are hound to fix the 
number of hours for a week's work, and the wages rate for any time in ex- 
cess. Under (c) they may fix the times of beginning and ending work upon 
each day, and, having done so, must fix a higher rate for all time worked 
outside those hours. If these two powers were exercised independently of one 
another, they would clash. 

it has been found necessary, when any Board wishes to exercise both 
powers, to adopt a form such as follows: 

Time of Beginning and Ending Work. 

That the time of beginning and ending work shall he: 

Time of Beginning. Time of Ending. 

7.30 a. m. 12 noon on the day on which the half-holiday is 

observed. 
7.30 A. M. p. M. on the other working days of the week. 



Minimum Wage Law of Victoria. 196 

may fix special rates for work to be done on a Sunday or public 
holiday, f 

(d) May prescribe the form of apprenticeship indenture to 
be used.:;; 

(e) When in this Act or any regulations thereunder the num- 
ber of the hours of work per week or the overtime rates of pay 
are fixed for any clas< or classes of worker-, ;i Special Board when 
exercising any of the powers conferred by this section instead of 
fixing the number of working hours per week or overtime rate for 
the class or classes of workers to be affected by the determination 
of such Board fixed by the Factories and Shops Acts may fix a 
different number of working hours or overtime rate as the case 
may be. 

14i'. (Act 2386.) When' pursuant to this Act by any Deter- 
mination of a Special Board both a piece-work price and a wages 
rate are fixed for any work, the piece-work price shall be based 
on the wages rate; but no Determination shall be liable to be ques- 
tioned or challenged on the ground that any piece-work price is a 
greater or less amount than such price would be if based upon the 
wages rate. 

143. (Act 2386.) For wholly or partly preparing or man- 
ufacturing outside a factory articles of clothing or wearing apparel 

OVEBTIME. 

That the following rates shall be paid for all work done: 
(a) Within the hours fixed in clause in excess of 48 



hour; 



Time and a 



(b) Outside the hours fixed in clause J * 

In many trades it is found better to exercise only the power of fixing over- 
time rates on the week's work, without fixing the time of beginning and end- 
ing. This course has the advantage of elasticity, allowing employers and 
employes to arrange their hours of work to suit themselves, according to the 
conditions and locality of their work. 

t The only days which a Wages Board has power to name as public holidays 
are: 1st January (New Year's Day), 26th January (Foundation Day), 
Good Friday, Easter Saturday. Monday, and Tuesday, 21st April (Eight 
Hours' Day), 3rd June (King's Birthday), first Thursday in September 
(Royal Agricultural Show Day, in localities named in the Royal Agricultural 
Show Act), 25th December (Christmas Day), and 26th December (Boxing 
Day). 

tAn example of a simple form of indenture, which is applicable to all trades, 
and has been found to work advantageously to both employer and employe 
will be found at p. 120 post. 



10G Appendix III — Minimum Wage Legislation. 

or boots or shoes a piece-work price only shall be fixed, and the 
Board shall on request of any occupier of a factory or shop or place 
fix a wages rate for any work done by persons operating at a ma- 
chine used in such factory or shop or place. 

144. (1) (Act 2380. ) Any Special Board instead of speci- 
fying the lowest piece-work prices which may be paid for wholly 
or partly preparing or manufacturing any article- may determine 
that piece-work prices based on wages rates fixed by such Special 
Board may be fixed and paid therefor subject to and as provided 
in the next following sub-section. 

(2) Any employer who pursuant to such Determination fixes 
and pays piece-work prices shall base such piece-work prices on 
the earnings of an average worker working under like conditions 
to those for which the piece-work prices are fixed and who is paid 
by time at the wages rates fixed by such Special Board. Every 
such employer shall if required by the Chief Inspector so to do 
forward a statement of such prices to the Chief Inspector. 

(3) Any person who having fixed a piece-work price as in 
this section provided either directly or indirectly or by any pre- 
tence or device pays or offers or permits any person to offer or 
attempts to pay any person a piece-work price lower than the price 
so fixed by such first-mentioned person or who refuses or neglects 
to forward a statement of such prices when required to do SO by 
the Chief Inspector shall be deemed to be guilty of a contravention 
of the provisions of this Part* 

(4) In proceedings against any person for a contravention of 
the provisions of the two last preceding sub-sections of this section 
the onus of proof that any piece-work price fixed or paid by such 
person is in accordance with the provisions of such sub-sect ion- 
shall in all cases lie on the defendant. 

145. (Act 2386.) When in any Determination a Special 
Board has fixed a wages rate only for wholly or partly preparing 
or manufacturing cither inside or outside a factory any articles 
or for doing any work then it shall not be lawful for any person 
to pay or authorize or permit to be paid therefor any piece-work 

* Penalty — section 226. 



Minimum Wage Law of Victoria. 197 

prices, and the receipt or acceptance of any piece- work prices 
shall not be deemed to be payment or part payment of any such 
wages. 

14<;. (Act 2386. ) When in any Determination a Special Board 
has fixed piece-work prices for wholly or partly preparing' or man- 
ufacturing any articles and in the description of the wovl* in 
respect of which such piece-work price is to he paid such Board 
enumerates several operations, and when any one or more of such 
operations i- by the direction or with the expressed or implied 
consent of the occupier of the factory or his manager or foreman 
or agent omitted, such omission shall not affect the price to be 
paid in connection with the particular work, hut such price shall, 
unless Otherwise provided in such Determination, be that fixed 
as the [trice for the whole work described. 

147. (Act 2386.) Notwithstanding anything contained in 
this Act the price or rate of payment to he fixed by any Special 
Board for wholly or partly preparing or manufacturing any ar- 
ticle of furniture-' shall wherever practicable he both a piece-work 
price ami a wages rate. The piece-work price .-hall be based on 
the wages rate fixed by such Board. 

148. Act 2386.) Where it appears to be just and expedient 
special wages rates may be fixed for aged infirm or slow workers 
by any Special Board, f 

149. (Act 2386.) All powers of any Special Board may be 
exercised by a majority of the members thereof. 

150. (Act 238G.) During any vacancy in a Special Board 
(other than in the office of Chairman) the continuing members may 
act as if no vacancy existed, provided no member of the Board 
objects, t 

* For additional powers of Furniture Board, see sections 152 and 156 post. 

t Very few Boards have exercised their powers under this section. Under 
section 202 the Chief Inspector can grant a license to an old, slow, or infirm 
worker to work for less than the minimum wage, but it is questionable whether 
in case a Board had fixed rates, the Chief Inspector could legally grant a 
license to work for anything less than the rate fixed by the Board. 

t In practice the Boards do not usually decide important points during a 
vacancv. 



11)8 Appendix Til — Minimum Wage Legislation. 

151. (Act 2386.) The Chairman of any Special Board may 
require any person (including a member of a Special Board) 
giving evidence before a Board to give his evidence on oath and 
for such purpose shall be entitled to administer an oath accord- 
ingly to such person. 

152. (Act 2386.) A Special Board shall have power to 
mine the lowest prices or rates to be paid to any person or persons 
or classes of persons employed in repairing — 

(a) Any articles of clothing or wearing apparel or furniture 
in respect to which such Board may make a Determination; or 

(b) any articles which are subject to the Determination of a 
Special Board for any process Trade or business. 

153. (Act 2386.) Where by the Determination of a Special 
Board the wages of an apprentice or of an improver are to vary 
in accordance with his experience or length of employment in 
his trade, then for the purpose of determining the wages he La 
Entitled to receive, any time during which such apprentice or 
improver has worked at his trade shall be reckoned in his length 
of employment in such trade. 

154. (Act 2386.) AY hen fixing the wages rate to be paid to 
p rsons (other than apprentices or improvers) under twenty-one 
tyears of age for any particular class of work any Special Board 
may fix different rates having regard to the length of experience 
of such persons in such particular class. 

155. (Act 2386.) Xo Special Board shall sit during ordinary 
working hours in any trade except by mutual agreement <>f the 
representatives of the employers and employes on the Board, or 
by the direction of the Minister. 

(4) Miscellaneous Provisions as to Special Hoards. 

156. (Act 2386.) The Special Board heretofore appointed 
with regard to articles of furniture may also determine the lowest 
prices or rates which may be paid to female workers employed 
as upholstresse- whether as carpet hands table hands or drapery 
hands, also to male persons employed in planning and laying car- 



Minimum Wage Law of Victoria. 109 

pets or linoleums or floor cloths or fixing draperies or making and 
fixing window Venetian and wire blinds if a resolution shall have 
been passed by both Houses of Parliament declaring it is ex- 
pedient for the Special Hoard so to do. 

157. (Act 2386.) The Special Hoard heretofore appointed 
and called the Woodworkers Board may also determine the lowest 
prices or rates which may be paid to persons employed as stackers 

or sorter- in connection witli the Loading or unloading of timber 
from .-hip-, or the stacking of same in any yard or place. 

158. (1) (Act 2386.) Special Boards may be appointed in 
order to determine the lowest price- or rate- which may he paid 
to any person or persons or classes of persons wheresoever em- 
ployed in the process trade or business of either the whole or any 
part of the iron working trade (for which a Special Hoard has 
not been constituted) including — 

( " ) engineering, 

(6) boilermaking, 

I '■ ) blacksmithing, 

('(/ ) general iron work. 

( 2 ) The lowest prices or rate- which may he determined under 
and pursuanl to the Factories and Shops Acts by any Special 
Board appointed — 

in the occupation of a fireman boiler attendant or engine-driver 
in connection with the use of steam-boilers or steam-engines other 
than steam-hoilers or steam-engines connected with mines ; or 

under the provisions of paragraphs («■), (b), (c), and (d) of 
this section 

for any person or persons or classes of persons shall he the lowest 
prices or rates to he paid to such person or persons or classes of 
persons wheresoever employed, notwithstanding that any other 
rates are determined with respect to such person or persons or 
classes of persons by any other Special Board. 

159. (1) (Act 2386.) Any Special Board appointed — 

( a) in the occupation of a fireman boiler attendant or engine- 
driver in connection with the use of steam-boilers or steam-engines 
other than steam-boilers or steam-cn°;mes connected with mines ; or 



200 Appendix JII — Minimum Wage Legislation. 

(&) In the occupation of a fireman boiler attendant or 

engine-driver in connection with a steam-engine or steam-boiler 
in or about mines of every kind, 

is hereby given power to determine the lowest prices or rates 
which may he paid to any person or persons or classes of persons 
employed in the occupation of assistant engine-driver greaser or 
trimmer in connection with the use of steam-engines or steam- 
boilers. 

(2) Such Special Board may exercise all the powers con- 
ferred on Special Boards under this Act so far as any person or 

persons or classes of persons mentioned in this section are 
concerned. 

160. (1) (Act 2380.) Notwithstanding anything contained 
in this Act, the Carters Board appointed on the first day of 
December, one thousand nine hundred and nine, is hereby given 
power to determine the lowest prices or rates which may lie paid 
to any person or persons or classes of persons employed in or in 
connection with any stable (other than a livery stable) in which 
are stabled the horses used in his busines trade or occupation 
by any person subject to the determination of the said Special 
Board. 

(2) Such Special Board may exercise all the powers conferred 
on Special Boards under this Act so far as any such person or 
persons or classes of persons mentioned in this section are con- 
cerned. 

161. (Act 2386.) Notwithstanding anything contained in 

this Act the members of any Special Board to determine or fix the 
lowest price or rate which may be paid to any person for wholly or 
partly preparing or manufacturing any particular articles of fur- 
niture shall not be elected, and the Governor in Council may from 
time to time appoint such Special Board. 

162. (Act 2386.) In the case of the Special Board for Men's 
and Boys' Clothing, the representatives of the employers shall con- 
sist of three representatives of makers of ready-made clothing and 
two of makers of order clothing, and the roll-; for any election of 



.Minimum Wage Law of Victoria. 201 

such respective representatives shall be prepared and votes given 
in such manner as may be prescribed. 

163. (Act 2386.) Notwithstanding anything contained in 
this Act the Special Board called the Ironmoulders Board ap- 
pointed "ii the seventeenth day of December one thousand nine 
hundred and one is hereby given power to determine the lowest 
prices or rates which may be paid to any person or persons or 
classes of persons employed in the process trade or business of a 
steelmonlder and to exercise all the powers conferred on Special 
Hoards under this Act so far as the process trade or business of a 
steelmouldc r is concerned. 

2. (1) (Act _'447.) In addition to the powers it already 
possesses the Special Board heretofore appointed and called the 
Hotel Employes Board is hereby given power to cither — 

(a) rix prices and rate- to be paid to employes without taking 
into consideration either board or lodging; or 

(h) fix prices and rates to be paid to employes varying accord- 
ing to whether full or partial board or lodging is received by the 
employe. 

| 2) AVhen the Board makes a Determination having exercised 
either of these powers it shall be an offense for any employer to 
accept any payment from any employe under the jurisdiction of 
the said Board for either board or lodging. 

(5) Duration Publication and Application of Determinations of 
Special Boards and Court of Appeals. 

164. (Act 2386.) Any price or rate determined by any Spe- 
cial Board shall from a date (not being w T ithin thirty days of such 
Determination)* fixed by such Board, be and remain in force until 

* It may be noted that it is only a price or rate that must stand for thirty 
days. Any part of a Determination which does not fix a price or rate appar- 
ently can be brought into force without any period of waiting. Although this 
section prevents a price or rate coming into force until after the lapse of 
thirty days, nothing in the Factories and Shops Acts requires preliminary 
notice. In practice, the Department endeavours to give reasonable notice in 
the Government Gazette, but there have been instances when circumstances 
have rendered that impossible, and the Determination has come into force 
immediately on being published. 



202 Ai'I'kxdix III — MixiMiu Wage Legislation. 

amended by a Determination of such Special Board; but such 
Determination may at any time be amended or revoked by the 

Court of Industrial Appeals. 

165. (1) (Act 2-')m>. ) The Determination of any Special 
Board shall be signed by the Chairman thereof and published in 
the Government Gazette and shall apply to the area or Locality 
(including the whole or any part or parts of Victoria) detined 
by the Governor in Council as the area or locality within which 
the Determination of such Special Hoard shall he operative.* 

(2) Every amendment of any Determination of any Special 
Board at any time made shall apply to the same part or parts of 
Victoria as the Determination amended. 

3. (Act 2447.) For section one hundred and sixty-six of the 
Principal Act there shall he substituted the following section: — 

" 166. Xo determination of a Special Hoard shall prevent the 
sons or daughters of any employer being employed by him in any 
capacity whether he has or has not the full number of apprentices 
and improvers, and he shall not be bound To pay hi- sons and 
daughters the rates fixed by any Determination." 

KiT. (Act 20s<).) Where any person is employed to perform 
two or more classes of work to which a rate fixed by a Special 
Board is applicable then such person shall be paid in respect of 
the time occupied in each class of work at the rate fixed by the 
Board for such work.f 

''•There is nothing in this section to indicate upon whom the duty lies of 
publishing a Determination in the (lorrrn incut Cir.rttc. The amended Deter- 
mination of the Hairdressers Hoard was sent to the Minister of Labour in 
December, 1911. The Minister refused to gazette it. Application was made 
to Mr. Justice Cussen for a mandamus. The Judge refused the application. 

fThis section imposes tie' duty upon the employer of paying an employe 
in accordance with the period of time occupied under each Determination, or 
under different parts of the same Determination. In eases where several De- 
terminations are operative this may become a difficult matter, and neci - 
the times being carefully kept and properly hooked, ft was the difficulty of 
earrying out the provisions of this section that induced the appointment of 
the Country Shop Assistants Hoard, which fixes a flat rate for all shop 
assistants in the districts to which the Determination extends, whether they 
be drapers, grocers, or fancy goods sellers, etc. as it was considered impossible 
to allocate the time in a country store to each of the many classes of em- 
ployment. 

Compare section 141 i b ) as to payment of a pro rata amount for less hours 
worked than those fixed by the Board and section 168. 



Miximiwl Wage Law ov Victoria.. -0:3 

168. (Acl 2386.) When any person is employed (hiring any 
parr of a day tor an employe* ar work for which a Special Board 
has fixed a wages rate then all work whatever done by such person 
during such day tor such employer whether inside or outside a 
factory or shop or place whatsoever or wheresoever -hall he paid 
for at the same wages rate. 

169. (Act 2386.) There -hall he kepi printed, painted or 
affixed in legible Roman characters, in some conspicuous place at 
or near the entrance of each and every factory or shop or place 
to which the Determination of a Special Board applies, in such a 
position as to lie easily read by the persons employed therein, a 
true copy of the Determination of the Special Board as to the 
lowest prices or rate- of paymenl determined by such Board.* 

170. (Act 2386.) Where a piece-work price or a wages rate 
has been fixed by the Determination of any Special Hoard for 
wholly or partly preparing or manufacturing either inside or out- 
side any factory any article- or for doing any work no person 
shall either directly or indirectly require or compel any person 
affected by such Determination to accept goods of any kind in lieu 
of money or in payment or part payment for any work done or 
wages earned and the receipt or acceptance of any goods shall not 
he deemed to he payment or part payment for any such work or of 
any such wages. 

( it ) Validity of Determination. 

171. (1) (Act 2386..) If any person desires to dispute the 
validity of any Determination of any Special Board made or pur- 
porting to have been made under any of the provisions of this 
Act or any Act repealed thereby it shall be lawful for such person 
to apply to the Supreme Court upon affidavit for a rule calling 
upon the Chief Inspector to show cause why such Determination 
should not be quashed either wholly or in part for the illegality 
thereof; and the said Court may make the said rule absolute or 
discharge it with or without costs as to the Court shall seem meet. 

(2) Every Determination of any Special Board shall unless 
and until so quashed have and be deemed and taken to have the 

* For particulars of other information to be posted up in factories, see sec- 
tion 22; as to shops, see section 126. 



204 Appendix III — Minimum Wage Leoisi.ation. 

like force validity and effect as if such Determination had been 
enacted in this Act, and shall not be in any manner liable to be 
challenged or disputed ; but any such I determination may be altered 
or revoked by any subsequent Determination under this Act." 

(7) Suspension of Determination. 

172. (1) (Act 238G.) Notwithstanding anything contained 

in this Act the Governor in Council may at any time for such 
period or periods as he thinks fit not exceeding six months in the 
whole by Order published in the Government Gazette suspend the 
operation of the Determination of any Special Board. f When 
the operation of any Determination (whether published in the 
Government Gazette or not) is so suspended it shall be the duty of 
such Special Board to forthwith hear receive and examine evidence 
as to such Determination, and thereupon such Special Board may 
either adhere to the said Determination or may make such amend- 
ments therein as to such Board seems proper. 

(2) In the event of such Special Board making any 9ueh 
amendments, such Determination as so amended shall forthwith 
be published in the Government Gazette and shall for all purposes 
be deemed and taken to be the Determination of such Special 
Board from such date as may lie fixed in such amended Determi- 
nation, and the suspended Determination shall thereupon have no 
further force or effect. 

(3) In the event of such Special Board notifying the Minister 
that such Board adheres to its Determination without amendment 
such suspension of the operation of such Determination shall by 
an Order in Council published in the Government Gazette be re- 

* The Court of Industrial Appeals lias power to amend a Special Board's 
Determination. ( See section 170 ( 6 ) . ) 

No change should be made in the Determination of a Board or of the Court 
of Industrial Appeals unless on some ground which may reasonably l>e con- 
sidered as permanent, or at least likely to last for some considerable tune. 
Mr. Justice Hood, in re the Bread Board, 13 A L. R. 589. 

t This provision became law on 27th September, 1807, by virtue of section 
6 of the Factories and simps Act, 1897 (No. 1518), and the power of suspen- 
sion was exercised on only one occasion. On 'J.">th November, 1897, the Gov- 
ernor in Council suspended the tirst Determination of the Boot Board, which 
was made on the 3rd November, 1897, and was to come into force on 29th 
November, 1897. 



Minimum Wage Law of Victoria. 205 

voked from such dare not later than fourteen days as may be fixed 
in such Order. 

173. (Art 2386.) Where the Minister is satisfied that an 

organized strike or industrial dispute is about to take place or has 
actually taken place in connection with any process trade business 
occupation or employment as to any matter which is the subject of 
a Determination of a Special Board or of the Court of Industrial 
Appeals the Governor in Council may by order published in the 
Government Gazette suspend" for any period not exceeding twelve 
months the whole or any part or parts of such Determination so 
far as if relate- to the matter in reference to which such organized 
strike or industrial dispute is about to take place or has taken 
place, and such suspension may at any rime by an Order published 
in the Government Gazette lie removed by the Governor in Council 
or altered or amen. led in such manner as he thinks fit. 

CoUET OF [NDUSTEIAL APPEALS. 

174. (1) (Act 2386.) There shall be a Court of Industrial 
Appeals for deciding all appeals against a Determination of a 
Special Board and for dealing with any Determination of a Special 
Board referred to the Court by the Minister. 

(2) The Court of Industrial Appeals shall consist of any one 
of the Judges of the Supreme Court; and the said Judges shall 
arrange which of them shall for the time being constitute the 
Court of Industrial Appeals. 

(3) The Governor in Council may for the purposes of this 
Act appoint a Registrar of the Court of Industrial Appeals. 

175. (Act 2o8n.) Where any Determination made by a 
Special Board either before or after the commencement of this 
Act is being dealt with by the Court, such Court shall consider 
whether the Determination appealed against has had or may have 
the effect of prejudicing the progress maintenance of or scope of 
employment in the trade or industry affected by any such price 
or rate ; and if of opinion that it has had or may have such effect 

* The power of suspension under section 173 has never been exercised. 



206 Appendix III — Minimum Wage Legislation. 

the Court shall make Mich alterations as in its opinion may be 
neeessarv to remove or prevent such effect and at the same time 
to secure a living wage to the employes in such trade or industry 
who are affected by such Determination. 

176. (1) (Act 2386.) Notwithstanding anything contained 
in this Act a majority of the representatives of employees or ;t 
majority of the representatives of employes on any Special Board 
or any employer or group of employers who employ not Less than 
twenty-live per centum of the total number of the workers in any 
trade or twenty-five per centum or more of the workers in any 
trade, may at any time in the prescribed manner" appeal against 
such Determination to the Court. For the purposes of this sub- 
section the Court shall accept the records given by the Chief In- 
spector in his latest, annual report. "J" 

(2) The Minister may without appeal at any time after the 
making of a Determination by a Special Board refer such Deter- 
mination for the consideration of the Court and may also refer any 
appeal made as hereinbefore provided for the consideration of 
the Court. 

(3) Xo appeal against or reference to the Court of a Deter- 
mination which has been published in the Government Gazette 
shall have the effect of suspending or delaying the operation of 
such Determination. 

(4) Every Determination of a Special Board referred to the 
Court by the Minister and such documents relating thereto as 
may be deemed necessary shall be forwarded by the Chief In- 
spector to the Registrar of ihe Court. 

(5) Except as hereinafter provided no barrister and solicitor 
or agent shall be allowed to appear before or be heard by the < lourt. 
By the direction of the Court or with the eonsenl of both parties to 

* The regulations at p. 137 post. 

t The power given by this section is to he distinguished from the power to 
challenge a Determination before the Supreme Court under section 171 ji'iftt, 
in which latter case it is only challengeable for illegality. While the Court is 
considering the Determination the Board lias no powers whatever, nor has it 
any power to alter or amend the Determination afterwards until such time as 
it obtains leave to do so from the Court under subsection (fl) of this section. 
Compare section ISO. 



Minimum Wage Law of Victoria. 207 

the appeal or reference either party may at its own cost be rep- 
resented by a barrister and solicitor or agent It appeals by a 
minority of employers or employes as provided under sub-section 
(1) of this section the Court may give such directions for the 
representation of parties as may in the circumstances appear to 
he proper. 

(6) The Court -hall have and may exercise all or any of the 
{lowers conferred on a Special Board by this Act and may either 
increase or decrease any prices or rate- of payment (whether piece- 
work prices or wages rates) and shall have full power to amend 

the whole or any part of any Determination of a Special Board.* 

"An appeal to the Court of Industrial Appeals from the determination of a 
Wages Board is in the nature of a rehearing, and the ('curt is not confined 
to a consideration of the materials which were before the Board in coming to 
a conclusion as to what should be the minimum wage in the trade, process, 
or husiness for which the Special Board was appointed. Air. Justice Eoodj 
;,/ re Bread Board, 13 A. L. 1!. .".mi. Mr. Justiee Hodges, in re the Ice Board, 
10 A. L. R. 40. 

Appended is a list of the cases in which Determinations were referred to the 
Court of Industrial Appeals: 

On the 14th September, l'Hl-l, an appeal was made to the Court by a group 
of si\ employers against the Determination of the Artificial Manure Board on 
the -round that the wage for adults. -Ids. (id., was too high, and it was sug- 
gested that 30s. he not exceeded. The Court fixed the wayes of adults at 30s. 
per week. 

On the 17th September, 1900, the Determination of the fell mongers Board 
was appealed against by the representatives of employers on that Board, who 
stated that the hours should be ."54. and not 48, and that the proportion of 
improvers should be increased. The Court fixed the number of hours per 
week at 54. but did not alter the proportion of improvers. 

Again, on the 2nd October. 1906, the Court was appealed to by the em- 
ployes, and. as a result, in 100!) the Court fixed the hours at 48 per week 
instead of 54, and some of the rates fixed at 42s. were amended to 45s 

On the 11th October. 1906, the repres 
Board appealed against the Board"s Del 
of the trade did not then warrant an in 
the appeal and upheld the Determinatic 
The Starch Board, being unable to ar 
determining the wages of the employe 

Minister of Labour to the Court of Industrial Appeals, and the Court drew up 
a Determination, which came into force on the 29th June, 1907. 

On the loth August, 1907, the employers' representatives on the Bread 
Board appealed against the increase in wages in the Determination of the 
Board. The Court dealt with the matter, and in its Determination, which 
came into force on the 15th September, 1907, the minimum wage of 54s. was 
altered to 50s. per week. 

On the 12th November. 1909, an appeal against the Determination of the 
lee Board was made by the representatives of employers on that Board, who 
considered that the rate for chamber hands, Is. 3d., was too high. The Court 
amended the wage, and fixed it at Is. per hour. 

On the 10th November, 1909, three representatives of employers on the 
Hairdressers Board appealed against the Determination of their Board, on the 



itives of 


employers on the Printers 


lination. 


stating that the condition 


ise in wa 


"es. The Court dismissed 


f the Bof 


trd. 


at a De 


termination, the matter of 


n that t 


rade was referred bv the 



208 Appendix III — Minimum Wage Legislation. 

(7) The Court shall have and may exercise in respect of the 
summoning' sending for and examining of witnesses, documents 
and books and in respect of persons summoned or giving evidence 
before the Court the same powers as are by the Evidence Act 1890 
conferred on a Board or Commission appointed or issued by the 
Governor in Council ; provided however that every summons to 
attend the Court may be signed by the Registrar. 

(8) ~No evidence relating to any trade secret or to the profits 
or financial position of any witness or party shall be disclosed or 
published without the consent of the person entitled to the trade 
secret or non-disclosure. 

(0) The Determination of the Court shall be final and with- 
out appeal and may not be reviewed or altered by a Special Board 
without leave of the Court, but the Court if satisfied upon affidavit 
that a prima facie case for review exists may either give such leave 
or may direct a rehearing before the Court, when the Court may 
itself alter or amend its Determination. 

(10) The Determination of the Court shall be forwarded to 
the Minister by the Registrar. 

177. (1) (Act 2386.) On any such appeal or reference to 
the Court, the Court may in its discretion appoint two assessors for 
the purpose of advising on any questions relating to the Deter- 
mination. 

(2) Within such time as the Court specifies, one of such as- 
sessors may be nominated by the representatives of the employers 
and one by the representatives of the employes on the Special 
Board -which made the Determination. 

grounds that the minimum wages of certain male and female workers were 
too high, and that the proportion of improvers was too low. As a result of 
their representations, the proportion of improvers was amended by the Court, 
but the minimum wages fixed for males and females were upheld. 

On the 24th July, 1912, an appeal was lodged by the representatives of 
employers on the Boilermakers Board against a rate of f>4s. fixed for a certain 
elass of labourers. A supplementary appeal was lodged on the 15th day of 
August, 1912, against a rate of 4Ss. fixed for another elass of labourers. The 
Court fixed four rates for labourers at .">4s.. .12s. . Ills., and 48s., respectively. 

On the 21st December, 1912, the Minister of Labour referred the first 
Determination of the Commercial (Inks Board for the consideration of the 
Court, more particularly with regard to rates to lie paid to female type- 
writers. No decision has yet been given. 



Minimum Wage Law of Victoria. 200 

(3) If default is made in nominating an assessor for the em- 
ployers or the employes (as the case may be) the Court may ap- 
point an assessor for the employers or the employes (as the ease 
may be) without any nomination. 

(4) Each assessor shall be entitled to an attendance fee of 
One pound for every day on which he attends the Court by order 
of the Court. 

ITS. (1) (Act 2386.) The Minister shall cause each Deter- 
mination of the Court to be published in the Government Gazette 
and such Determination shall apply to every part of Victoria to 
which the referred Determination applies or i- expressly applied. 

(2) The production before any Court Judge or Justice of a 
copy of the Government Gazette containing a Determination of 

the Court shall be conclusive evidence of the making and existence 
of such Determination and of the appointment of such Court and 
of all preliminary steps necessary to the making of such Deter- 
mination. 

I 3 I The provisions of this Act for or relating to the enforce- 
ment of any Determination of a Special Board shall equally apply 
to any Determination made by the Court, and such provisions shall 
with such substitutions as may be necessary lie read and construed 
accordingly. 

170. (1) (Act 2386.) A Determination of the Court of In- 
dustrial Appeals may be applied by an Order of the Governor in 
Council to any shire or portion of a shire. 

(2) Every Order of the Governor in Council made pursuant 
to this section shall be published in the Government Gazette and 
any Determination thereby applied to any shire or portion of a 
shire shall have full force and effect within such shire or portion. 

180. (Act 2386.) The Court of Industrial Appeals may re- 
vise or alter its own Determination at any time and from time to 
time on the application of either the representatives of employers 
or representatives of employes on the Special Board. 



210 Appendix III — Minimiwl Wage Legislation. 

181. ( Act 2386. ) The Court of Industrial Appeals shall have 
all the powers of the Supreme Court and shall in every case be 
guided by the real justice of the matter without regard to legal 
forms and solemnities and shall direct itself by the besl evidence 
it can procure or that is laid before it whether the same b< 
evidence as the law would require or admit in other cases or not; 
and if the Court considers any further evidence or information 
which would assist the Court could be obtained, the Court shall 
intimate in open Court what further evidence or information the 
Court desires. 

Apprentices and Improvers. 

(1) Apprentices and Improvers. 

L82. ( 1 ) ( Act 2386. ) When determining any prices or rates 
of payment every special Board shall also determine — 

(a) the number or proportionate number of apprentice- and 
improvers who may he employed within any factory or shop or 
place or in any process trade business or occupation;- and 

( b ) the lowest prices or rates of pay payable to appren- 
tices or improvers when wholly or partly preparing or manufactur- 
ing any articles as to which any Special Board has made or makes 
a Determination or when engaged in any process trade, business or 
occupation as to which any Special Board has made or makes a 
Determination.-;- 

* It will be noted that a Board is given power to determine the number or 

proportionate number of apprentices and improvers who may be employed — 

(1) In any factory or shop or place: 

(2) In any process, trade, business, or occupation. 

Boards have always fixed the number with reference to a factory, shop, or 
place, or with reference to an individual employer. It is difficult to see how a 
fixing of the number in a process, trade, business, or occupation could be 
practicably administered, seeing that there would be no means of deciding 
how many improvers or apprentices any particular employer would be enti- 
tled to. 

tAny improver may. at the option of his employer, be put to any class of 

work. It is allowable for a Board to fix varying rates for improvers accord- 
ing to the work at which they are employed. The case is different, however. 
regarding apprentices. An apprentice lias to lie taught the whole of the trade 
to which he is apprenticed, and only one sale of payment can lie fixed, no 

matter what his work. 



Minimum Wage Law of Victoria. 2.11 

i 8) The Board when so determining may — 

(ft) take into consideration the age sex and experience of such 
apprentices or improvers; 

(b) fix a scale of prices or rates payable to such apprentices 
or improvers respectively according to their respective age sex and 

experience ; and 

[c) fix a different number or proportionate number of male 
and female apprentices or improvers. 

( '/ ) prescribe the form of apprenticeship indentures to be 
used* 

(•'J) In fixing the number or proportionate number of appren- 
tices the Board shall not fix a less number or proportionate number 
than one apprentice for every three or fraction of three workers 
engaged in the particular process trade business or occupation and 

receiving the minimum wage or earning at piece-work not less than 
the minimum wage fixed for the time by such Determination. 

(4) Provided that where prior to the fourth day of January 
one thousand nine hundred and eleven all the apprentices of any 
employer have been engaged so that all of their terms of appren- 
ticeship woidd expire within eighteen months of one another, such 
employer shall be exempt from the operation of this Act and from 
the Determination of any Special Board so far as limitation of 
apprentices is concerned for a period not exceeding the term of 
apprenticeship in the particular trade from the said fourth day of 
January, one thousand nine hundred and eleven, so that it shall 
be lawful during such period as each apprentice of such employer 
completed his first, second, third, fourth, fifth, or sixth year, for 
the employer to take another apprentice to supply his place, so that 
a due and not disproportionate number of skilled workmen shall be 
secured : Provided that at the expiration of such period of ex- 
emption the number of apprentices is not in excess of the number 

*An example of a simple form of indenture which is applicable to all trades 
and which experience has shown works advantageously to both employer and 
employe will be found at p. 120 post. It is desirable for the sake of uni- 
formity and economy that apprenticeship agreements should be as far as pos- 
sible identical in all trades. 



212 Appendix III — Minimum Wage Legislation. 

such employer would be entitled to employ in proportion to the 
number of persons other than apprentices and improvers employed. 

183. (Act 238(3.) Xo person who has a greater number of 
apprentices in his employ than is prescribed in the Determination 
of a Special Board shall be or be deemed to be guilty of a contra- 
vention of this Act if he proves — 

(a) that such apprentices employed by him were under inden- 
tures of apprenticeship entered into before the thirty-first day of 
December, one thousand nine hundred and ten; or 

(b) that at the date of entering into the indentures of appren- 
ticeship in respect of the last apprentice employed by him and for 
three months previous thereto he had in his employ such number 
of persons other than apprentices and improvers as at that date 
entitled him to the number of apprentices (including such last 
apprentice) in his employ. 

lsl. (Act 2386.) Where any indentures of apprenticeship 
are entered into with respect to any trade to which the Determina- 
tion of a Special Board applies and the wages to be paid to the ap- 
prentice are stated in such indentures then notwithstanding any- 
thing contained in this Act and notwithstanding any subsequent 
alteration of such Determination by such Special Board the wages 
to he paid to such apprentice during the currency of such inden- 
tures shall be the wages stated in the indentures. 

185. (Act 2386.) {Bepealed by Section 4. Act 2447.)* 

(2) Apprentices. 

186. (Act 2386.) Where any apprentice under the age of 
twenty-one years has been bound in writing by indentures of 
apprenticeship for a period of not le<s than two years, no provision 
in any Determination of a Special Board shall invalidate cancel 
or alter such deed of apprenticeship in any way whatever it such 
deed of apprenticeship was signed by all parties thereto before the 

* Section 185 was a machinery section designed in the ( onsolidating Act to 
provide against the expiry of sections ]>■_>. IS. - ?, and 1S4, which were only in 
force till 31st December, 1912. The repeal of section 185 merely lias the 
effect of making sections 1S2. 1S.3, and 1S4 permanent. 



Minimum Wage Law of Victoria. 213 

notice of motion for the resolution for the appointment of such 
Special Board was given in cither House of Parliament, 

l s 7. (1) (Act 2386.) No indenture of apprenticeship shall 
be deemed to be invalid under this Act by reason only that such in- 
denture is not under seal. 

( 2 ) No indenture of apprenticeship shall be entered into after 
the passing of this Act in connection with any trade working under 
this Act except in the form* (if any) prescribed by any Special 
Board dealing with such trade and approved of by the Minister. 

188. ( 1) (Act 2386.) Any failure either by an employer or 
an apprentice to carry out the terms of an indenture of apprentice- 
ship shall be deemed to be a contravention of this section. f 

( 2) When the Minister is satisfied that there is any such fail- 
ure either by an employer or apprentice he may direct that pro- 
ceedings shall be instituted against the employer or apprentice as 
the case may be. 

(3) A Court of Petty Sessions may for any such contraven- 
tion — 

( a ) impose a penalty not more than Ten pounds and in ad- 
dition 

( b ) order the defendant to enter into such securities as the 
Court may think tit to carry out the terms of the indenture; 

(c) or impose on any employer a penalty not more than 
Twenty-five pounds if the Court is satisfied that the apprentice has 
not been taught the trade in accordance with the indenture of ap- 
prenticeship and that the employer has not given to the Court any 
satisfactory explanation of such failure to teach the apprentice the 

* The power of a Special Board to prescribe the form of indenture will be 
found in sections 141 and 182. For a convenient form of indenture, see page 
120 post. 

t Where either an employer or an apprentice considers that the other is 
committing a breach of any of the covenants full information should be sent 
to the Chief Inspector of Factories with the duplicate copy of the indenture. 
Inquiry will then be made, and steps taken by the -officers of the Factories 
Department to enforce observance of the agreement. 



214 Appendix III — Minimum Wage Legislation. 

trade. The whole or any part of such penalty may be applied for 

the benefit of the apprentice or otherwise as the Minister deter- 
mines. 

189. (Act 2886.) The Minister may grant permission in 

writing' to any person — 

(a) to he bound for less than three years as an apprentice to 

any trade subject to the Determination of a Special Board; 

(b) who may become over twenty-one year- of age during the 
term of his apprenticeship to complete the term of bis apprentice- 
ship ; 

(c) who is over twenty-one years of age to be bound by inden- 
tures of apprenticeship/" 

190. (Act 238(3.) Except in cases where the Minister has 
given his permission in writing as aforesaid all apprentices unless 
bound by indentures of apprenticeship which bind the employe* 
to instruct such apprentice for a period of at least three years shall 
be deemed to be improvers for the purposes of thi< Actf 

(3) Prohibition of Certain Premiums <tnd Guarantees. 

191. (Act 2380.) Any person who either directly or indi- 
rectly or by any pretence or device requires or permits any person 
to pay or give or who receives from any person any consideration. 
premium or bonus for engaging or employing any female as an 
apprentice or improver in preparing or manufacturing artii 

Any person of working age and under twenty-one can enter into appren- 
ticeship for a term of three years or over in any trade subject t« > the Determi- 
nation of a Special Board, but if it is desired that the term of apprenticeship 
be less than three years, an application should be made to the Minister of 
Labour, on the form provided for that purpose, which may be obtained at the 
oflice of the Chief Inspector of Factories. That permission will be granted 
freely in case it is desired to enable a young worker to complete his experience 
in his trade. If, for instance, he had served three and a half years' appren- 
ticeship to one employer, and desired for any reason i his first indentures bar- 
ing expired or been cancelled) to complete live years' experience by serving 
one and a half years with another employer, he would be granted permission 
as a matter of course. If. on the other hand, he had no experience, and 
wished to be bound newly to a trade for less than three years, the Minister 
would require strong reasons tor permitting apprenticeship for a term which 
would be considered too short to enable him to completely master his craft. 
A form of application under any of the paragraphs of this section may lie 
obtained at the office of the Chief Inspector of Factories. 
t Section 5 defines " improver." 



Minimum Wage Law of Victoeia. 215 

clothing or wearing apparel shall be guilty of an offence and shall 
be liable on conviction to a penalty not more than Ten pounds ; and 
the person who pays or gives such consideration, premium or bonus 
may recover the same in any Court of competent jurisdiction from 
the person who received the same. 

192. (Act 2386.) Any shopkeeper (other than a registered 
pharmaceutical chemist) who either directly or indirectly or by 
any pretence or device retinites or permits any person to pay or 
give him or who receives from any person any consideration, pre- 
mium or bonus for engaging or employing any person in connec- 
tion with the selling of goods or in connection with the business of 
a hairdresser or barber as an apprentice or improver in a shop shall 
be guilty of an offence and shall be liable on conviction to a penalty 
not more than Ten pounds; and the person who pays or gives such 
consideration, premium or bonus may recover the same in any 
Court of competent jurisdiction from the person who received the 
same. 

193. (1) (Ad 2386.) Except with the consent of the Min- 
ister in writing no person shall require or permit any person to 
pay any sum of money or enter into or make any guarantee or 
promise requiring or undertaking that snch person shall pay any 
sum of money in the event of the behaviour or attendance or obe- 
dience of any apprentice improver or employe not being at any 
time satisfactory to the employer. 

( 2) Any such guarantee or promise as aforesaid or to the like 
effect entered into or made after the commencement of this Act 
without the consent of the Minister as aforesaid shall he null and 
void, and any person who without such consent makes or requires 
such guarantee or promise shall be liable on conviction to a penalty 
not exceeding Ten pounds. 

(3) Any sum which after the commencement of this Act is 
paid in pursuance of such a guarantee or promise as aforesaid or 
to the like effect made in contravention of this section shall be 
returned to the person paying same; and the person who has so 
paid any such sum may if the same is not returned to him on de- 
mand recover the same with costs in any Court of competent juris- 
diction from the person who received the same. 



216 Appendix III — Minimum Wage Legislation. 

(4) Improvers. 

194. (Act 2386.) The Minister is hereby authorized to grant 
to any person over twenty-one years of age who has satisfied him 
that such person has not had the full experience prescribed for 
improvers by the Special Board a license to work as an improver 
for the period named in such license at the wage fixed by the Board 
for an improver of any like experience. 



Select Bibliography. 217 



APPENDIX C. 



( l) SELECT BIBLIOGRAPHY. 

A few of the more recent and must available references on 
minimum wage legislation: 

Aves, Ernest. Report to the secretary of state for the Home 
Department on the wages boards and industrial conciliation and 
arbitration acts of Australia and New Zealand. London: Dar- 
ling & Son, Ltd. 1908. 226 pp. 

An exhaustive Btudy of the operation of tin- wage boards and of the indus- 
trial arbitration and conciliation acts of Australasia, including results 
obtained through tins legislation. 

BrandeiSj Louis D., and Goldmark, Josephine. Appendix to 
briefs tiled on behalf of respondents in case of Frank ( '. Stettler 
v. Edwin V. O'Hara, Bertha Moores, Amedee M. Smith, consti- 
tuting' the industrial welfare (minimum wage) commission of 
Oregon. 1914. 207 pp. 

Selection of extracts from all sources favorable to the legal minimum wage. 
Sets forth the evil of low wages, the benefits of an adequate wage, the benefits 
of the legal minimum wage and the analogy with other labor legislation. 

Clark, John Bates. The Minimum Wage. (Atlantic monthly, 
Boston, Sept. 1913. pp. 289-297.) 

A theoretical discussion setting forth the probable disadvantages of the 
legal minimum wage, with particular emphasis upon those who might be 
thrown out of work by such laws. 

Hammond, Matthew B. Judicial interpretation of the mini- 
mum wage in Australia. (American economic review. Prince- 
ton, X. J., 1913. v. 3, pp. 259-2S6.) 

Analysis of the fundamental principles underlying decisions given under 
the laws establishing minimum wages in Australasia. Based upon studies 
made during a personal visit to those countries in the winter of 1911-1912. 

. The minimum wage in Great Britain and 

Australia. (American academy of political and social science. 

annals. Baltimore, 1913. v. 48, pp. 22-36.) 

Results secured under the Victorian and British wage boards laws, based 
upon personal investigations. 



218 Appendix III — Mnratuw Wage Legislation. 

Holconibe, Arthur N. The legal minimum wage in the United 

States. (American economic review. Princeton. X. J., 1912. 
v. 2, pp. 21-37.) 

Foreign systems of wage regulation, constitutional outlook in America, the 
economic need of minimum wage legislation, and the probable effect upon the 
relation between employer and employes. 

Kennaday, Paul. Victorian wages boards and the New Zealand 
conciliation-arbitration act. (Yale review. New Haven. 1910. 
v. 19, pp. 32-54.) 

Method of operation of the New Zealand and Victorian laws, including 
personal impressions of the writer based upon a visit to those countries. 

Markham, Arthur B. The coal strike. (Quarterly review. 
London, 1012. v. 216, pp. 554-573.) 

Causes of the coal strike of 1912, the passage of the coal mines minimum 
wage act, and the probable effect of the operation of that law. 

Ryan, John Augustine. A living wage; its ethical and eco- 
nomic aspects. With an introduction by R. T. Ely. New York: 
The Macmillan Co., 1906. 346 pp. 

Seager, Henry Rogers. The theory of the minimum wage. 
(American labor legislation review. New York, 1 ( .H:5. v. 3, pp. 
81-91.) 

A statement of the underlying theory of minimum wage legislation together 
with its probable results upon the organization of industry and upon other 
problems of labor legislation. Contains discussion by John R. Commons, 
Paul U. Kellogg, M. ii. Hammond. George W. Anderson. Henry Abrahams, 
G. W. Noyes, Edward F. McSweeney, George C. Groat and Emily Green Balch. 

Snowden, Philip. The living wage. With a preface by 11. 
Spender. London: Hodder and Stoughton, 1913. 189 pp. 

Discussion of the benefits of the legal mil 
gained under the British Trade Boards Act 

Webb, Sidney. The economic theory of a legal minimum wage. 
(Journal of political economy. Chicago, 1912. v. 20, pp. 973— 
998.) 

Summary of the theoretical and practical arguments in favor of the mini- 
mum wage, illustrated by experience under existing laws. A comprehensive 
statement in favor of minimum wane legislation. 



BD-3.7 



Minimum Wage Commissions. 210 

(2 ) MIKTMUM WAGE COMMISSIONS. 

California — [ndustrial Welfare Commission. (Five mem- 
bers.) Personnel — Frank -I. Murasky, Mrs. Chas. Farwell 
Edson, A. B. C. Dohrmann, A. Bonnheim, Walter Mathewson. 
Address — San Francisco. 

Colorado — State Wage Board. (Three members.) Per- 
sonnel— W. IT. Kistler, Mrs. Myrtle Porter. Mrs. llaltie Sloth- 
ower. See. Address — Denver. 

Massachusetts — Minimum Wage Commission. (Three com- 
missioners.) Personnel — II. La Roe Brown, Arthur X. Hol- 
combe, Mabel Gillespie, Amy Bewes, Sec. Address — 720-721 
New Albion Bldg., 1 Beacon street, Boston. 

Minnesota — Minimum Wage Commission. ( Three members.) 
Personnel — W. F. Honk, A. 11. Lindeke, Eliza P. Evans, Sec. 
Address — St. Paul. 

Xebraska — Minimum Wage Commission. (Four members.) 
Personnel — Not yet appointed. Address — Omaha. 

Oregon — Industrial Welfare Commission. ( Three members.) 
Personnel — Edwin Y. O'Hara, Bertha Moores, Amedee M. 
Smith. Caroline J. Gleason, Sec Address — 610 Commercial 
Block, Portland. 

Utah — Xo board. Commissioner of Immigration, Labor and 
Statistics charged with enforcement of law. 

Washington — Industrial Welfare Commission. (Five mem- 
bers.) Personnel — Edw. W. Olson, Mrs. Jackson Silbaugh, 
Airs. Florence IT. Swanson, Rev. M. H. Marvin, Mrs. TJdall. 
Address — Olympia. 

Wisconsin — Industrial Commission (Three commissioners.) 
Personnel — C. H. Crownhart, J. D. Beck, Fred M. Wilcox, P. J. 
Watrous, Sec. Address — Madison. 



i r n 'id 




ST.AUGUSTINE 
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